We are committed to respecting your privacy. This notice is to explain how we may use personal information we collect before, during and after your working relationship with us. This notice applies to our current and former employees and contractors. This notice does not form part of any contract of employment or other contract to provide services.
Ocean Youth Trust Scotland. Is a registered charity (no SC 029531) and a private company limited by guarantee, incorporated and registered in Scotland (no 193204).
We are not required to appoint a Data Protection Officer but our Data Protection Compliance Manager has overall responsibility for data protection compliance. Contact details are set out in the “Contacting us” section at the end of this privacy notice.
1. PERSONAL INFORMATION
When you interact with us in relation to your work with us, you may provide us with or we may obtain personal information about you, such as information regarding your:
- personal contact details such as name, title, addresses, telephone numbers, and personal email addresses and emergency contact details;
- date of birth;
- gender;
- marital status and dependants;
- referee details, next of kin, beneficiaries, details of family members and emergency contacts;
- national insurance number and other tax or governmental identifiers;
- bank accounts,
- payroll, salary, tax status, annual leave, pension, benefit entitlement
- expenses;
- insurance,
- start date and leaving date;
- location of employment or workplace;
- attendance history;
- driving licence(s), (including copies where we are required to hold them)
- identification documents and information such as passport, utility bills, identity cards, signature etc;
- recruitment (including copies of right to work documentation, past employment history, references and other information included in a CV or cover letter or as part of the application process);
- employment records and notes (including job titles, work history, working hours, training records, professional memberships, maternity, parental and compassionate leave)
- education and professional records/qualifications;
- compensation history and charity donation preferences;
- performance including that generated through our appraisal systems;
- disciplinary and grievance information;
- use of our information and communications systems, including the computers and fixed and mobile phones that we allow you to use, passwords, personal identification numbers, IP addresses, user names and other IT system identifying information;
- images in video and/or photographic form and voice recordings;;
- records of enquiries and other correspondence with you.
2. SPECIAL CATEGORIES OF PERSONAL INFORMATION
We may also collect, store and use the following “special categories” of more sensitive personal information regarding you:
- information about your race or ethnicity, religious beliefs
- information about your health, including any medical condition, health and sickness records, medical records and health professional information
We may not collect all of the above types of special category information about you. In relation to the special category personal data that we do process we do so on the basis that
- the processing is necessary for reasons of substantial public interest, on a lawful basis;
- it is necessary for the establishment, exercise or defence of legal claims;
- it is necessary for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law; or
- based on your explicit consent.
In the table below we refer to these as the “special category reasons for processing of your personal data”.
We may also collect criminal records information from you. For criminal records history we process it on the basis of legal obligations or based on your explicit consent.
3. WHERE WE COLLECT YOUR INFORMATION
We typically collect personal information about employees, workers, directors and consultants through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, or other background check agencies. We will also collect additional personal information in the course of job-related activities throughout the period of you working for us.
If you are providing us with details of referees, next of kin, beneficiaries, family members and emergency contacts they have a right to know and to be aware of how what personal information we hold about them, how we collect it and how we use and may share that information. Please share this privacy notice with those of them.
4. USES MADE OF YOUR PERSONAL INFORMATION
The table below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this.
Purpose | Personal information used | Lawful basis |
Non- ‘special categories’ of Personal Information | ||
Making a decision about your recruitment or appointment and managing the recruitment process and determining the terms on which you work for us | All the personal information we collect for the purposes of the recruitment process | We need this information to be able to perform and administer the recruitment process. |
Checking you are legally entitled to work in the UK | Personal contact details and identification documents and right to work documentation. | We have a legal obligation to do so. |
Producing and maintaining business records, including crew lists , staff directories, intranets, websites, brochures and other internal and external business documentation and materials | Personal contact details, date of birth, passport or identity details, location of employment or workplace and employment records. | We have a legitimate interest to maintain up to date business records and materials. |
Paying you and, if you are an employee, deducting tax and National Insurance contributions | Personal identifiers and transaction and payment information. | To be able to manage and perform our contract with you. We have a legal obligation to do so. |
Providing benefits of employment or working, including flexible benefits and liaising with benefit providers | Personal identifiers, salary, annual leave, pension and benefits entitlement, transaction and payment information. | To be able to manage and perform our contract with you. We may have a legal obligation to do so |
Administering the contract we have entered into with you | All your personal information excluding ‘special categories’ of personal information and criminal records information. | To be able to manage and perform our contract with you. |
Conducting performance reviews, grievance or disciplinary hearings, managing performance and determining performance requirements and making decisions about compensation and benefits. | Performance, disciplinary and grievance information, employment records, compensation history, salary, annual leave, pension and benefits | We have a legitimate interest to ensure that our workers are meeting their performance objectives and that the business is managing and controlling the performance process effectively. To be able to manage and perform our contract with you. |
Business management and planning, including accounting and auditing, conducting our normal business operations and managing our relationship with you. | All your personal information excluding ‘special categories’ of personal information and criminal records information | To be able to manage and perform our contract with you. We have a legitimate interest to run and manage our business. |
Assessing qualifications for a particular job or task, including decisions about promotions and ascertaining your fitness to work, education, training and development requirements. | Personal identifiers, performance, disciplinary and grievance information, employment records, compensation history, salary, annual leave, pension and benefits and other personal information excluding ‘special categories’ of personal information and criminal records information. | We may be legally obliged to do so. To be able to manage and perform our contract with you. We have a legitimate interest to run and manage our business and to ensure that our workers are suitably trained. |
Making decisions about your continued employment or engagement or termination of our working relationship. | Personal identifiers, performance, disciplinary and grievance information, employment records, compensation history, salary, annual leave, pension and benefits. | We have a legitimate interest to ensure that the workers we engage continue to be suitably qualified and/or appropriate for their role within the business. |
Managing sickness absence. | Personal identifiers, attendance history and performance | To be able to manage and perform our contract with you. We have a legitimate business interest to ensure that the workers we engage continue to be suitably qualified and/or appropriate for their role within the business. |
Complying with health and safety obligations. | Records of attendance, medical information about your health, behaviour information. | We have a legal obligation and a legitimate interest to provide you and other members of our organisation with a safe environment in which to work. We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above.We process this on the basis of your consent. |
Dealing with legal disputes involving you, or other employees, workers, directors and consultants, including accidents at work. | All your personal information excluding ‘special categories’ of personal information and criminal records information | To be able to manage and perform our contract with you. We have a legitimate interest to ensure that all legal claims are managed effectively. We also have a legal obligation to report any accidents at a workplace in accordance with health and safety laws; or at sea in accordance with maritime legislation. |
To facilitate the use of our IT systems and monitor your use of our information and communication systems to ensure compliance with our IT policies. | Use of our information and communications systems, including the computers and fixed and mobile phones that we allow you to use, passwords, personal identification numbers, IP addresses, user names and other IT system identifying information. | We have a legitimate interest in ensuring that our workers use our computer systems and information correctly and efficiently and in compliance with our IT policies. To be able to manage and perform our contract with you. |
To comply with our legal obligations, for example in relation to PAYE, National Insurance, Companies House filings | Personal identifiers, transaction and payment information, national insurance number and other tax or governmental identifiers, bank account details, payroll and tax status, name, address, date of birth, other directorships. | We have a legal obligation to do so |
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution. | Use of our information and communications systems, including the computers and fixed and mobile phones that we allow you to use, passwords, personal identification numbers, IP addresses, user names and other IT system identifying information. | We have a legitimate interest in ensuring our systems are secure |
To conduct data analytics studies to review and better understand employee retention and attrition rates. | Employment records. | We have a legitimate interest in order to improve as an employer and plan for the charities future including strategic planning |
For the purposes of equal opportunities monitoring. | Name, title, date of birth; gender; marital status; salary, annual leave, pension and benefits; location of employment or workplace. | We may have a legal obligation to do so and we have a legitimate interest in doing so to make sure our business is a fair place to work |
Storage of records relating to you and also records relating to our business. | All non-‘special categories’ of personal information. | To be able to manage and fulfil our contract with you, we may have a legal obligation to do so and we also have a legitimate interest to keep proper records |
For the purpose of complying with any regulatory requirements. | All the personal information about you excluding special category information and criminal records data. | We may have a legal obligation to comply with regulatory requirements and we have a legitimate interest in complying with regulatory requirements |
To send you other marketing information we think you might find useful or which you have requested from us, including our newsletters, information about membership, events, products and information about our commercial partners. | Contact details and marketing preferences. | Where you have given us your explicit consent to do so. |
For the purposes of promoting OYT Scotland | Images in video and/or photographic form. | Where you have given us your explicit consent to do so. |
To send you information about volunteering opportunities, technical and safety notices or other significant notices regarding our operations | Personal contact details such as name, title, email addresses and telephone numbers. | We have a legitimate interest in ensuring you are kept appraised of any significant matters relating to our Safety Management Systems, operations or volunteering with us. This also allows you to fulfil your contract with us. |
‘Special categories’ of Personal Information or criminal records | ||
Storage of records relating to you and also records relating to our business. | All the personal information we collect. | We have a legitimate interest in retaining records whilst they may be required in relation to complaints or claims. We need to retain records in order to properly administer and manage your time with us and in some cases we may have legal or regulatory obligations to retain records including retaining details should we be required to confirm to external parties who sailed with us. We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above. For criminal records information we process it on the basis of legal obligations or based on your explicit consent. |
We will use information relating to your absence from work, which may include sickness absence or family-related absences, to comply with employment and other laws. | Information about your health, including any medical condition, health and sickness records, medical records and health professional information. | We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above. |
We will use information about your physical or mental health to provide you with benefits under your contract. | Information about your health, including any medical condition, health and sickness records, medical records and health professional information. | We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above. |
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 absence and to administer benefits. | Information about your health, including any medical condition, health and sickness records, medical records and health professional information. | We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above. |
We will use information about your race or national or ethnic origin, and your gender, to ensure meaningful equal opportunity monitoring and reporting. | Information about your race or ethnicity, or gender. | We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above. |
To comply with legal obligations, for example, regarding people working with children or vulnerable adults to comply with our safeguarding requirements. | Information about your criminal convictions and offences. | For criminal records information we process it on the basis of legal obligations or based on your explicit consent. |
If you do not provide us with the requested personal information we may not be able to engage you or we may not be able to properly perform our contract with you or comply with legal obligations and we may have to terminate your engagement.
Where you have given us your consent to use your personal information you have the right to withdraw this consent at any time, which you may do by contacting us as described in the “Contacting us” section below.
Please note the withdrawal of your consent will not affect any use of the data made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information on bases other than your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to provide certain benefits to you.
5. DISCLOSURE OF YOUR PERSONAL INFORMATION
We share personal information with the following parties:
- Any party approved by you.
- To our governing bodies such as the RYA, ASTO, The Duke of Edinburgh’s Award, Scottish Qualifications Authority (SQA) and race organisers such as Sail Training International
- Other service providers: for example, our newsletter distributor (but only with your consent and only for the newsletter); we use an on-site Server with Microsoft Exchange for email and documentation retention, Microsoft CRM for your booking; payroll, pension administration, benefits provision, professional advisors and administration, and IT services. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information.
- Any medical authorities should you require treatment.
- Our insurers should the need arise
- Prospective new employers: for the provision of references for you;
We will not share it with anyone else unless there is a legal or regulatory obligation to do so
6. TRANSFERRING YOUR PERSONAL INFORMATION INTERNATIONALLY
The personal information we collect is not transferred to and stored in countries outside of the UK and the European Union.
7. HOW LONG WE KEEP PERSONAL INFORMATION FOR
The duration for which we retain your personal information will differ depending on the type of information and the reason why we collected it from you. However, in some cases personal information may be retained on a long-term basis: for example, personal information that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements.
Generally, where you have not sailed with us or delivered services to young or vulnerable people on our behalf and there is no legal requirement we retain all physical and electronic records for a period of 6 years after our contract with you ends. Exceptions to this rule are:
We will retain the names of people who sailed with us, their date of birth, and the dates they sailed indefinitely so any future query by an outside party as to who sailed with us can be answered if necessary.
Information that may be relevant to personal injury or discrimination claims or child welfare concerns may be retained until the limitation period for those types of claims has expired. For personal injury or discrimination claims this can be an extended period as the limitation period might not start to run until a long time after the event.
Volunteers and paid staff personnel files and training records (including disciplinary and working time records) will be kept for six years after employment / volunteering ceases unless there are concerns about the behaviour of an adult who was working with children or vulnerable people, where they may have harmed someone, committed an offence, or their behaviour indicates they are unsuitable to work with children or vulnerable people. In this case records will be retained until normal retirement age or ten years if that is longer.
It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you change your phone number or email address. Contact us by using the details set out in the “Contacting us” section below.
8. YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION
As a data subject you may have the right at any time to request access to, rectification or erasure of your personal data; to restrict or object to certain kinds of processing of your personal data, including direct marketing; to the portability of your personal data. To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details at the end of this Privacy Notice
If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office. More information can be found on the Information Commissioner’s website. We are here to help and encourage you to contact us to resolve your complaint first.
9. CHANGES TO THIS NOTICE
We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this page. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so.
10. CONTACTING US
In the event of any query or complaint in connection with the information we hold about you, please email the Chief Executive at office@oytscotland.org.uk or write to us at Ocean Youth Trust Scotland, Room 21, Victoria House, 5 East Blackhall Street, Greenock, PA15 1HD.