Contractor Privacy Notice
Data controller: Excelsior Land Limited, 21 North Fourth Street, Milton Keynes, MK9 1HL
Data protection controller: Katie O’Cearbhaill
The Company: Excelsior Land Limited (ELL)
The Company collects and processes personal data relating its Contractors to manage the business relationship. The Company is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the Company collect?
The Company collects and processes a range of information about you.
- your name, address and contact details, including email address and telephone number, date of birth and gender;
- details of your qualifications, skills and experience including RAMS and insurance provision where necessary
- information about your remuneration (if a sole trader or working on a day rate),
- details of your bank account, national insurance number and UTR (where applicable);
- information about, next of kin and emergency contacts;
- information about your nationality and entitlement to work in the UK (where applicable);
- details of your schedule (days of work and working hours) and attendance at work;
- details of periods of leave taken by you and the reasons for the leave;
- assessments of your ability to complete the task you have agreed to perform as part of the contract with the Company;
- information about medical or health conditions if relevant to the project you are working on; and
The Company may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or qualification; obtained from your passport or other identity documents such as your CSCS card, driving licence; from forms completed by you at the start of or during the contract period; from correspondence with you; or through interviews, meetings or other assessments.
In some cases, the Company may collect personal data about you from third parties, such as references supplied by former employers, information from credit reference agencies and information from criminal records checks permitted by law.
Data will be stored in a range of different places, including in the site file office and head office, in the Company‘s HR management systems and in other IT systems (including the Company‘s email system).
Why does the Company process personal data?
The Company needs to process data about you in order to meet its obligations under the Health and Safety Regulations and in order to carry out the contract of works agreed between the company or organisation you work for and The Company. For example, it needs to process your data to pay you/ or your company.
The Company needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee’s entitlement to work in the UK, to deduct CIS tax (where applicable), and to comply with health and safety laws.
In other cases, the Company has a legitimate interest in processing personal data before, during and after the end of the contractual relationship. Processing Contractor data allows the Company to:
- adhere to HSE regulations;
- maintain accurate and up-to-date employment records and contact details of those who attended specific sites. (including details of who to contact in the event of an emergency);
- operate and keep a record of on site accident books;
- operate and keep a record of absence from site
- ensure effective general HR and business administration;
- respond to and defend against legal claims.
Where the Company processes other special categories of personal data, such as information about ethnic origin, sexual orientation or religion or belief, this is done for the purposes of equal opportunities monitoring. This is to carry out its obligations and exercise specific rights in relation to employment.
Who has access to data?
Your information may be shared internally, including with members of the HR team (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.
The Company shares your data with third parties that process data on its behalf, in connection with payroll (HMRC) (where relevant). If the Company were required to, the information would also be shared with HSE and other relevant bodies in light of a breach of Health and Safety on site.
The Company may share your contact details with relevant tenants of commercial or residential properties in order that you may arrange a call out to look at a fault with the premises.
When required to, the Company may share your contact details, qualifications and RAMS with a client who requires proof that the contractors the Company are using are competent.
The Company will not transfer your data to countries outside the European Economic Area.
How does the Company protect data?
The Company takes the security of your data seriously. The Company has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. Each computer is password protected and all archive and back up processes are encrypted. There is a locked filing cabinet for personal information.
Where the Company engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and Company measures to ensure the security of data.
For how long does the Company keep data?
The Company will hold your personal data for the duration of your contracted period. The period for which your data is held after the end of your contract is 6 years.
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require the Company to change incorrect or incomplete data;
- require the Company to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
- object to the processing of your data where the Company is relying on its legitimate interests as the legal ground for processing.
If you would like to exercise any of these rights, please contact Katie O’Cearbhaill, firstname.lastname@example.org
If you believe that the Company has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
Certain information, such as contact details, your qualifications and payment details (where relevant), have to be provided to enable the Company to enter into the contract with your employer. If you do not provide other information, this will hinder the Company’s efficiently.
Employment decisions are not based on automated decision-making.