MTR Corporation (Crossrail) Limited – Privacy Policy

This Privacy Policy (the Policy) sets out how MTR Corporation (Crossrail) Limited (‘we’ or ‘us’) will use and protect any information that you give us when you use this website, how we will use this data, who or if it will be shared with and your privacy rights and how the law protects you.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this Policy.

This Policy should be read carefully alongside, and in addition to, our Website Terms and Conditions . By using this website, you agree to the terms of this Policy (including as updated or amended from time to time).

We may make changes to this Policy from time to time and you should check this page to review the latest version of this Policy, the most current version is always displayed here If, for any reason, you do not agree to the terms of this Policy, please stop using this website immediately.

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 relationship with us.

Controller

MTR Corporation (Crossrail) Limited (company number 08754715) whose registered office address is at Providence House Providence Place, Islington, London, N1 0NT is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this Policy).

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

You can contact us by calling the HR Department on 0207 444 0101 or emailing HR.Admin@mtrcrossrail.co.uk .

What we collect

We may collect and process the following data about you:

Information you give us

You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you subscribe to our services, apply for one of our job vacancies, make a general enquiry and when you report a problem with our site. The information you give us may include your:

  • Identity Data which includes you first name, maiden name and title
  • Contact Data which includes your home address, email address, home telephone number and mobile number;
  • Profile Data which includes information such as preferences and interests, customer surveys and offers;
  • Optional Data which includes optional information for equality monitoring purposes as part of job applications, for example ethnicity, disability, sexual orientation, religious beliefs;
  • Employment Data which includes the information in your curriculum vitae and any covering letter including employment history, other relevant experience, achievements, skills and qualifications and any information you provide to us during an interview; and

Information from third parties or publicly available sources

We may receive personal data about you from various third parties and public sources as set out below:

  • Recruitment agency, from which we collect the Identity Data, Contact Data and Employment Data;
  • Background check provider, from which we collect the following categories of data; personal data
  • Credit reference agency, from which we collect the following categories of data; personal data and
  • Your named referees.
  • Linkedin or similar sites for information to validate the skills, experience or qualifications you tell us about.

Special Categories of Personal Data

In any job application you make to us, we may also collect, store and use the following “special categories” of more sensitive personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions. We do this to comply with our legal obligations and for reasons of substantial public interest (equality of opportunity or treatment). We also have legitimate interests: as part of investigations by regulatory bodies, or in connection with legal proceedings or requests
  • Information about your health, including any medical condition, health and sickness records. We do this to perform our legal obligations. We also have legitimate interests to maintain our employment records and to comply with legal, regulatory and corporate governance obligations and good practice, to ensure safe working practices.
  • Information about criminal convictions and offences. We do this to comply with our legal obligations and for reasons of substantial public interest (preventing or detecting unlawful acts, suspicion of terrorist financing or money laundering in the regulated sector and protecting the public against dishonesty)

What we do with the information we gather

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.
  • Where we need to comply with a legal or regulatory obligation.

We use the above information for the following reasons:

  • To perform any contract that we are about to enter into or have entered into with you including any employment contract.
  • Our Legitimate interests or those of a third party and your interests and fundamental rights do not override those interests. In some cases we will use your personal information so that we can carry out the following activities:

- to process any job application you make and assess your suitability for the role you have applied for;

- to make decisions about whether to offer you an interview or employment; to carry out relevant pre-employment screening (e.g. verify your address, academic qualifications and work experience; carry out appropriate credit reference and criminal record checks, depending on the role);

- for internal record keeping and internal operations such as troubleshooting, data analysis, statistical and survey purposes;

- to improve our website and services;

- to periodically send you promotional emails about new products, special offers or other information, which may be of interest to you, but only if you have provided your consent;

- to contact you by email or phone for market research purposes from time to time; to customise our website according to your interests;

- to review and audit the recruitment process and its outcomes; and

- to keep our website safe and secure.

  • Legal requirements. We will use your personal information to ensure we are complying without legal obligations:

- To carry out checks in relation to your right to work in the UK

- To make reasonable adjustments if you have a disability

  • We envisage that we will process information about criminal convictions:

- We will collect information about your criminal convictions history if we would like to offer you the role (conditional on checks and any other conditions, such as references, being satisfactory).

  • We will use your particularly sensitive personal information in the following ways:

- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during an interview.

- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

  • Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data.
  • 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.
  • 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.
  • Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International Transfers

We share your personal data within the MTR Corporation (Crossrail) Group. This will involve transferring your data outside the European Economic Area (EEA).

To ensure that your personal information does receive an adequate level of protection, where there is not an adequacy decision by the European Commission in respect of any destination country, we have put in place appropriate measure[s] to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU and UK laws on data protection.

Who we might share your data with

We may have to share your personal data with the parties set out below:

  • Internal authorised personnel (ie recruiting line manager, HR professionals, screening service provider and occupational health professionals), who are directly involved in the management and administration of the recruitment process and have a legitimate need to access your personal information.
  • Internal Third Parties such as other members within our group, including MTR Corporation Limited in Hong Kong;
  • External Third Parties for the purposes of Reference/Security checks and medical screening
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Security

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 personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If the data we collect is as a result of a job application you made to us, and your application is unsuccessful, we will retain your personal information (CV, personal details, interview and assessment notes, test results and copies of ID) for 6 months from the date you are informed you were unsuccessful. Your registration details will be deleted if your account remains inactive for a period of 12 months. We retain your personal information for this period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations

Automated Processing

In some circumstances, your job application may include automatic processing e.g. based on pre-screening questions answered or the results of online testing, On such occasions you will be informed that automatic processing is being used and given the opportunity to withdraw your application. We will only use automated decision making where we are required or authorised by law, it is necessary for entering into or performing the contract or we have your explicit written consent.

Please note MTR Crossrail does not use automatic data processing on protected characteristics defined in the Equalities Act 2010. In order to demonstrate compliance with the Act. MTR Crossrail may ask you to complete an optional equal opportunities questionnaire as part of the application process.

Your Legal Rights

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.

Request correction of the personal data that we hold about you . This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Links to other websites

Our website may contain links to enable you to visit other third-party websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Policy. When visiting such sites, you should exercise caution and look at the privacy statement applicable to the website in question.

Marketing

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you consent to your information being used by us for direct marketing purposes. We will only use your information for direct marketing purposes where you have specifically given consent for us to do so.
  • We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
  • You can ask us or third parties to stop sending you marketing messages at any time by writing to us at MTR Corporation (Crossrail) Limited, Providence House, Providence Place, Islington, London N1 0NT or emailing us at communications@mtrcrossrail.co.uk

Access to your personal information

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 is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. If you would like a copy of the information held on you please write to MTR Corporation (Crossrail) Limited, Providence House, Providence Place, Islington, London N1 0NT.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

This Policy is effective from 25th May 2018