Privacy policy – Experian Candidate RTW App
UPDATED January 2025
Introduction
Experian take data privacy seriously and this policy will help you understand what personal information is collected from you and how it is used. Therefore, we encourage you to read this policy thoroughly.
It is important to make you aware that your prospective employer is the Data Controller of the Right to Work check and they have the GDPR obligations for the data that is collected, how it is stored and your rights. Your prospective employer, as data controller, is responsible to provide you with a privacy policy to outline your rights as the data subject.
Rightcheck is the software provider of the Experian Candidate RTW app and is a Data Processor of the Right to Work check. Experian use this software to collect data on behalf of the prospective employer in order for them to fulfil a UK Right to Work Check.
How and why data is collected
Data is collected and used by your prospective Employer for the purpose of obtaining a Statutory Excuse against Civil Penalty, in line with UK’s Right To Work legislation. The data is collected via the Experian Candidate RTW app downloaded by you.
The law on preventing illegal working is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act), section 24B of the Immigration Act 1971, and Schedule 6 of the Immigration Act 2016.
What information we collect
When you use the Experian Candidate RTW app, you will be asked to provide some personal information and documents for a Right to Work check to be conducted. Depending on what documents are provided, the data and documents that may be collected include the following:
Name, Address, Phone Number, Email address, Date of Birth, Gender, Birthplace, IP Address, ID cards, Biometric Data, VISA, Registration cards, Adoption Certificate, Payslip, RTW Share code, Residence Card.
Where required, this data may be shared with third-party organizations for the purpose of conducting a Disclosure and Barring Service (DBS) check. This process helps us verify the suitability of individuals for specific roles and responsibilities.
Data storage
The data collected as part of the Right to Work checks is retained for the period of employment and then for a further two years. The data is then destroyed by the Data Controller.
If the Data Subject is checked but not subsequently employed, the data is then to be deleted by the Data Controller at any time in accordance with their own GDPR data retention policies.
Once deleted, the data is physically retained for a further 90 days due to the platforms disaster recovery systems. After 90 days the data no longer exists.
All data is processed and stored in the UK.
Use of Personal Information
Personnel information that is collected is used to process a Right to Work Check on behalf of the Data Controller (your prospective employer) who has instructed to do so.
The collected data will be used to verify your identity and assess your suitability for specific roles and responsibilities.
Who we share your personal information with
TheData Controller (your prospective employer) and Data Processor (Rightcheck) will have access to the data.
We may share your information with Experian Ltd that conduct DBS checks behalf of the Data Controller (prospective employer). We ensure that these third parties adhere to strict data protection standards and use your data solely for the purpose of the DBS check. The Right to Work data will not be transferred or held outside of the United Kingdom. The data is securely stored within the UK and is protected in accordance with UK data protection laws.
How we keep your personal information secure
Privacy and security are the most important aspect of any service, and we take it extremely seriously.
We use a variety of the latest technologies and procedures to protect your personal information from unauthorised access, destruction, use or disclosure.
We have a comprehensive Global Security Policy based on internationally recognised standards of security (known as ISO27001 standard) and hold ISO27001 certification.
Changes to this Policy
We can update this Policy at any time and ideally you should check it regularly for updates. We won’t alert you to every little change, but if there are any really important changes to the Policy or how we use your information we’ll let you know and where appropriate ask for your consent.
Privacy Policy – Experian Recruiter RTW App
UPDATED SEPTEMBER 2022
Introduction
Experian are committed to protecting and respecting your privacy and compliance with data protection legislation.
Your Company has subscribed to the Experian RTW platform, Rightcheck is the software provider of the Experian RTW platform and is a Data Processor.
This Privacy Policy applies to your use of the Experian RTW platform, including online web portal and mobile apps.
The Experian RTW platform enables candidate Right to Work checks and other pre-employment checks to be conducted by a prospective employer who has subscribed to use Experian RTW. The Subscriber (your company) is the data controller of personal candidate data associated with these checks and you should contact them directly if you have any questions or concerns regarding candidate data.
This Privacy Policy only applies to the personal data collected by Rightcheck in order to allow you to use the Experian RTW platform and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Definitions
Data protection legislation - The data protection legislation enforce in the UK from time to time and includes the Data Protection 2018 (as amended) and the UK General Data Protection Regulation (GDPR).
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject - Natural person
Categories of data - Personal data and special categories of personal data
Personal data - The GDPR applies to 'personal data' meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as 'special categories of personal data' (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - Means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
The purpose(s) of processing your personal data
We use your personal data for the following purposes:
Customer Support: We use your information to support you in your use of our products and services. This includes the use of personal information to diagnose product problems, rectify erroneous transactions and provide other customer support related services.
Customer engagement and communication: We use your information to communicate with you via email, SMS text or other electronic media for instance on service-related matters, such as invoices. Other instances where we engage with you include confirming the opening of an account, resolving complaints, and asking you to take part in one of our surveys.
The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
Business email address
Full Name
Organisation
Job Title
Business phone number
Our legal basis for processing your personal data
We generally identify the legal grounds that we rely upon to use your personal information in the section above "The purpose(s) of processing your personal data". However for reference, the legal grounds that we rely on to use your personal information are:
It is necessary for our legitimate interest and does not unduly affect your interests or fundamental rights and freedoms
It is necessary for legal and/or regulatory obligations or requests that we are subject to, such as complying with anti-money laundering and anti-fraud laws or providing information to a public body or law enforcement agency
It is necessary to perform our contractual obligations to your Company under the Terms of Service by which they have subscribed to the Rightcheck platform
Sharing your personal data
Your personal data will be treated as strictly confidential and will only be shared with employees within Experian for the purposes explained above. We do not share/sell/store your personal data outside of Experian.
Data retention policy
We keep your personal data for no longer than reasonably necessary using the following criteria:
If you have provided your consent for processing to provide you with a blog/newsletter subscription, we will retain your personal information until you explicitly request for it to be removed.
If we have received your data from a contact form or external mailing list, we will retain your data until either we are made aware that the data is no longer accurate, or you have explicitly requested for it to be erased.
Providing us with your personal data
You are under no statutory or contractual requirement or obligation to provide us with your personal data. If you choose not to provide your personal data:
We will be unable to provide you directly with customer support
We will be unable to send you newsletters/blog updates
We will be unable to send operational updates to you, for example, changes to our website or services
We will be unable to notify you of any changes to our Privacy Policy
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to withdraw your consent to the processing at any time, where consent was your lawful basis for processing the data;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
Transfer of Data Abroad
We do not transfer personal data outside of the EEA.
Further processing
If we wish to use your personal data for a new purpose, not covered by this Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
Changes to our Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.
How to contact us
If you would like more information about how we use and store your data, or have any issues concerning your data, please email support@experianrtw.co.uk
If this does not resolve your issue, you can contact the Information Commissioner's Office (ICO).