We understand that you care about the privacy and security of your personal data and Luminate Education Group takes that seriously.
When you apply for a job with us, we will collect, use and share personal information about you. Our aim is to handle your personal information openly and transparently. The purpose of this Privacy Notice is to explain who we are and how we use and protect your personal information during this period of time. It also explains what your legal rights are.
Who is this Privacy Notice for?
This information applies to prospective employees and workers including applicants for all job roles. It is intended to apply to candidates applying for the following roles: academic and support roles (including business support), contractors, voluntary workers, interns, apprentices, temporary workers, agency staff, visiting music teachers, any peripatetic workers and sports coaches.
About this document
This Privacy Notice sets out how we collect, use, protect and share your personal information. It applies in addition to any other relevant terms and conditions and policies that may also apply to you, depending on your role. However, it does not form any contract of employment or other contract to provide services. Any reference within this document to “employment”, “staff” etc. is not intended to imply or confer employment rights on you if you are a non-employed worker, such as a contractor or job applicant.
This Privacy Notice applies in addition to any other privacy notice we may provide on specific occasions, and where relevant, any contract between us and any relevant data protection policy.
Who are we?
Luminate Education Group (“Luminate”) is the controller of your personal data. This means that Luminate is the organisation that is responsible for deciding why we hold personal information about you and how it is used.
How to get in touch with us
If you have a question or concern about your personal information or this Privacy Notice, please contact Luminate’s Data Protection Officer using the contact details below:
Luminate Data Protection Officer
Luminate Education Group
What sort of information might we collect about you?
In connection with your application to work with us we may process (collect, store, use and share) the following sort of personal information (personal data) about you. Personal data means any information which can be used to directly or indirectly identify a living individual. Specifically, we may collect and use the following types of personal data about you, and where relevant, your next of kin and personal contacts that you have provided to us:
- identity and contact data such as your name, title, gender, marital status and dependents, nationality, country of residence, date of birth, postal address, telephone numbers, email address, copy of driving licence, copy of passport;
- biographical and social information such as your opinion, interests and lifestyle, social circumstances, hobbies and interests, and any other personal information that you choose to provide;
- images such as photographs and video recordings held both in digital and manual format;
- support contact details such as contact details for your close relatives, next of kin, representatives and emergency contact information;
- correspondence between us such as emails, correspondence relating to incidents and complaints;
- diversity and inclusion information;
- information about how you use our information and communications systems including email and internet services; when you view a job advert on our website or use our online recruitment software we may collect your referral source (such as the website where you saw our job advertised), details of any web browser on your computer and device type, details of the pages on our website you have visited, how long you spent on each page and which links you clicked on, your IP address;
- Information you provide via our online digital recruitment platform: If you use our website as part of the recruitment process, we will process your personal data that is collected about you if and when you use our online digital recruitment platform. Our platform is hosted by a trusted third party software provider that will access and handle your personal data on our behalf. You can find out more information about how we protect your personal data submitted via our online platform in “Who else might have access to your information?”
- technical information such as information obtained through electronic means such as swipe card records, copies of video interviews with you including transcripts of the interview CCTV footage;
- financial information such as National Insurance number, bank account details, payroll records and tax status information, salary, annual leave, pension and benefits information;
- recruitment information including copies of right to work in the UK documentation, results of HMRC employment status check, details of your interest in and connection with any agency or intermediary through which your services are supplied, references and other information included in a CV or cover letter or as part of the application process including (information about your education and qualifications), results of interview tests including any psychometric tests, start date and, if different, the date of your continuous employment, leaving date and your reason for leaving;
- employment/work records including job titles, location of employment or workplace work history, working hours, compensation history, performance information, holidays, disciplinary and grievance information, training records and professional memberships;
- Information available from public sources such as the internet, news and social media platforms, online directories;
- Any other information you choose to provide to us as part of the recruitment process such as answers to questions.
Where necessary we may also collect special categories of personal data about you which are more sensitive. Special category personal data relates to information about your racial or ethnic origin, trade union membership, your health and medical conditions, genetics, biometric information (but only where this is used for identification purposes such as where necessary for our security system), political opinions, sexual orientation, sexual life and religious beliefs.
Special categories of personal data
Where necessary, we may also collect special categories of personal data about you which are more sensitive and require a higher level of protection.
We may collect and use the following types of special category personal data:
- information about your racial or ethnic origin, religious or philosophical beliefs, and political opinions;
- sexual orientation;
- trade union membership;
- health and medical conditions (for example, where we need to make reasonable adjustments to your work environment because of a medical condition or record sickness absence).
Criminal offence data
We may also collect and use information about criminal offences (such as information about criminal convictions or allegations) but only where the law permits, for example where we are required by law to carry out pre-employment checks and DBS checks.
Where do we get your information from?
The source of your personal data and the way in which we collect it will depend on our relationship.
- We collect information about candidates through the application and recruitment process either directly from you (for example, when you provide information to us in an application form, via our online recruitment software or in an interview) or sometimes indirectly from certain third parties such as an employment agency, recruitment agency, referee, former employer or the Disclosure and Barring Service (DBS).
- We will continue to collect your personal data throughout the application period. For example, through our interactions and correspondence, when you share or update your contact details and through your use of our communications and other systems.
What do we use your information for?
The information we collect about you described above will usually be used for the following reasons:
- To operate and manage our recruitment of candidates including through our online recruitment platform service, our website, sift tests, organising candidate interviews, pre-employment checks and taking up references; assessing a candidate’s suitability for the role applied for; to keep a candidate informed of the progress of their application, to provide technical support to candidates including via our service providers, to communicate with candidates and relevant third parties as necessary during the recruitment and selection process.
Legal basis for using your personal data:
Luminate will only use your personal data when the law allows us to. In most cases, we anticipate that we will use your personal data for the following legal reasons:
1. For contractual purposes: where we need to process your personal data in order to comply with a contract with you. For example, we will need to process your contact details and information in your application form in order to recruit and employ you.
2. For contractual purposes: where we need to take steps at your request prior to entering into a contract with you. For example, we will need to collect information about you as part of the recruitment process when you apply for a job with us.
3. Legal obligation: we will need to process your personal data in order to comply with our legal obligations, for tax and accounting purposes and for the prevention and detection of crime. For example, if you are applying for a teaching position we are required by law to carry out due diligence checks with the DBS and take up references.
4. Public task: Luminate needs to process your personal information because it has tasks to perform that are in the public interest or exercising official authority, both of which are laid down in law. For example:
- As a public authority, Luminate may need to process your personal data in order to comply with its statutory functions to run its educational establishments and to provide education.
- Luminate needs information about its prospective staff and other workers to operate lawfully, safely and efficiently, safeguard its students, keep its property, workers and students safe and comply with all of its legal, educational and regulatory duties and obligations;
5. Legitimate interests: We will process your personal data 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. For example:
- To monitor and assess the effectiveness of our recruitment processes which may entail statistical analysis, surveying the experience of our job applicants and analysis of referral sources to see which yield the most diverse candidates for or diversity and inclusion purposes. Where we need to use personal data for reasonable purposes such as obtaining insurance or seeking professional advice from a third party professional.
- To monitor attendance at our premises through the use of CCTV systems and door entry systems for the purposes of keeping everyone safe, prevention and detection of crime and protection of property;
6. Consent: In most cases, we will not need your consent to use your personal information. However, there are a few occasions where we either need it or choose to ask for it, for example, where we use your personal data for the purpose of direct marketing. If we rely on consent to process your personal data you have the right to withdraw that consent at any point in time.
Luminate will also need to process your special category personal data and/or or criminal offence information (such as information about criminal convictions or allegations) for the following legal reasons:
- legal obligations in connection with employment: we will need to process special categories of your personal data where we need to carry out our legal obligations or exercise rights in connection with employment or contract for services, for example, to ascertain your fitness for work;
- Explicit consent: rarely, we will process special categories of your personal data if you have given us your explicit consent but only where consent is appropriate;
- Reasons of substantial public interest (with a legal basis). For example, if you are applying for a teaching position with children, we are required to carry out pre-employment checks in which may result in us processing special category personal data. We may also process your personal data for legal or regulatory purposes in order to comply with our health and safety obligations or for diversity and inclusion monitoring purposes. Luminate has an Appropriate Policy Document in place which is a requirement for much of this sort of processing.
- Employment law obligations and rights: it is necessary for the purposes of carrying out or exercising our obligations or rights as the controller or data subject of your personal data under employment law, social security law or the law relating to social protection; For example, under the Equality Act 2010 we may be required to make reasonable adjustments to candidates with a disability.
- Archiving and statistics: It is necessary for archiving purposes, scientific or historical research purposes or statistical purposes, and it is in the public interest. Analysis of applications and recruitment outcomes (including online tests), impact on protected groups, timescales for recruitment, and other research may be carried out:
- Legal claims: we may need to process special categories of your personal data in connection with legal claims such as where a complaint or legal claim is brought or in order to investigate allegations;
- Other reasons: less commonly, we may need to process special categories of your personal data where you have already made this information public or for health or social care purposes (with a basis in law) or for public health purposes (with a basis in law), for example: where staff information needs to be collected and used in connection with a public vaccination programme; or in response to a pandemic such as COVID-19. Where this happens, the data is handled by a health professional such as a nurse or someone who the law says must keep your information confidential.
Consequence of failure to provide us with your personal data
Some of the information we collect from you is required by law or under contract. If you fail to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you (or are attempting to enter into), such as entering into an employment contract with you, or we may be prevented from complying with our legal obligations such as ensuring the health and safety of our workforce.
Who else might have access to your personal information?
We may share your personal data, including special categories of personal data, with certain third parties outside Luminate but only for the legal reasons identified in this privacy notice and where the law allows us to. For example, we may share your personal data with:
- third parties where you have consented;
- third party service providers that help us run our organisation process your personal data on our behalf such as IT services; HR and payroll services, software service providers, survey companies, DBS check providers. Where this happens, your information is shared securely, for specific purposes and strictly in compliance with data protection law. Third party service providers are not permitted to use your personal data for their own purposes;
- For example, applications made to us through our website and via our online recruitment platform that is hosted by a third party service provider will necessarily involve the sharing of your personal data with our service provider and hoster.
- external inspectors and auditors such as Ofsted;
- third party professional advisors such as insurers, accountants, legal advisors, and any individual appointed by Luminate to carry out an independent investigation or provide professional advice or services;
- public authorities and regulators etc. that need to use your information for their own reasons. For example, we are required by law to share some of your personal data with our local authority and the Department for Education, HMRC, the police, DBS. Regulators that we may need to share your information with include the Teaching Regulation Agency and the ICO. Where we share your information with these third parties in this way, the third party will become a controller of your personal data which means that they are responsible for using it in a way that complies with data protection law and for their own purposes;
- others: we may share your personal information with others outside our organisation such as former employers (for reference purposes).
Transferring your personal information to other countries
Occasionally we may need to transfer your personal data outside the UK, for example, some of our suppliers and service providers are located outside the UK and may see your personal information when providing us with software support, or a company which we use for carrying out surveys may handle your contact information on our behalf.
On the few occasions where we do transfer your information outside the UK, we will ensure it is protected and handled in line with data protection law. For example, we will only transfer it to a country that is officially considered to provide adequate protection for personal data or protect it by using one of the safeguarding measures available under data protection law.
If you would like more information about how we protect your personal information if it is transferred outside the UK please contact our Data Protection Officer at email@example.com.
How we protect your personal data
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 restrict access to your personal data to those employees, agents, contractors and other third parties who have a business need to access it.
If you would like more information about how we protect your personal information please contact our Data Protection Officer at firstname.lastname@example.org.
Automated decision-making and profiling
Automated decision-making is when a computer or similar electronic system uses personal information to make decisions about people without any human involvement. Profiling takes place when different aspects about a person (such as their behaviour, interests or personality) are analysed in order to make predictions or decisions about them. Automated decision-making does not have to involve profiling, though it often will.
Data protection law allows us to use automated decision-making (including profiling) only in the following circumstances:
- Where we have told you about the decision and given you 21 days so that you can ask us to reconsider that decision;
- Where it is necessary for entering into, or performance of, a contract we have with you (but appropriate measures must be in place to protect your own rights);
- In limited circumstances, where you have given us your consent in writing (but appropriate measures must be in place to protect your own rights).
If we make an automated decision about you 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.
We do not envisage that any decisions will be taken about you using automated decision making (including profiling). If that changes we will tell you.
How long we keep your information
We will only retain your personal data for as long as is necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements.
Information relating to unsuccessful job applicants is kept for 12 months following the end of the recruitment process. If you have provided information using our online recruitment platform, your account will usually be deactivated after 12 months of inactivity. You can deactivate your account at any point in time by logging into your profile, choosing the account settings option at the top right hand corner and then choosing the delete button at the bottom of this page. There will be an automatic 7 day cooling off period after which, your personal data will be anonymised by our service provider.
For further information about how long we retain your personal data, please see our Records Retention Policy, which is available on request from the Data Protection Officer at email@example.com.
Your duty to tell us about changes to your personal information
It’s important that the personal data we hold about you is accurate and current. Please keep us informed if your personal information changes during the application process. For example, if your address or telephone number changes.
Your data protection legal rights
Data protection law provides you with the following legal rights in certain circumstances:
- to request access to a copy of your personal data that we hold;
- to request rectification of your personal data if you believe the information we hold about you is inaccurate or incomplete;
- to request erasure of your personal data where you believe we have no good reason to continue processing it;
- to object to the processing of your personal data in certain circumstances such as where we are processing it on the legal basis of “legitimate interests”;
- to restrict the processing of your personal data in certain circumstances such as where you wish to suspend its processing whilst you establish its accuracy or the reason for processing it;
- to withdraw your consent to the processing of your personal data, if we are processing it on the basis of your consent;
- to request the transfer of your personal data (the right to data portability) to another organisation in a specific format that makes it easy for them to use.
Some of these legal rights do not apply in all circumstances. Also, Luminate may be able to refuse or partially refuse requests in certain circumstances such as where a legal exemption applies.
To exercise these rights, or for more information about your rights, please contact the Data Protection Officer at firstname.lastname@example.org.
Your right to complain
Luminate has high standards when it comes to your personal data. If we fail to meet those standards please contact the Data Protection Officer at email@example.com or using the postal address provided above.
If you are not happy with our answer to your complaint, or the standard by which we handle your personal data, you can complain to the Information Commissioner’s Office (ICO).
Information Commissioner's Office
Tel: 0303 123 1113.
Links to other websites
Our website contains some links to websites of other organisations. We do not control these websites and this Privacy Notice does not cover how those other organisations use your personal information. When you leave our website, we recommend that you read the Privacy Notice of the other websites you are visiting.
Changes to our Privacy Notice
We will update and change this Privacy Notice from time to time to keep it up to date and accurate. We will always publish the most up to date version on our website. If we make a substantial change that affects your rights, we will notify you of the change as far as it is practicable to do so, usually by email.