We are providing this privacy notice to you as you have applied to work with us as an employee, worker or contractor.
This is aimed at notifying you about the personal data that NGT Services (UK) Ltd, Navigator Ship Management Ltd and/or NGT Services (Poland) Sp. z o. o. (each the “Company”) holds about you, how you can expect your personal data to be used, and for what purposes.
1. What is the purpose of this document?
The Company is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you in respect of your application to work for us as an employee, worker or contractor, in accordance with the GDPR.
It applies to all applicants who apply to work for us as employees, workers or contractors.
The Company is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to applicants for work with us, whether as an employee, worker or contractor. This notice does not form part of any offer of employment or contract to provide services or contract of employment or other contract to provide services. We may update this notice at any time.
It is important that you read this notice so that you are aware of how and why we are using such information.
2. Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
3. The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection.
In connection with your application to work with us, we may collect, store and use the following categories of personal information about you:
- Recruitment information including the information you have provided to us in your CV and any message or covering letter or on any application form, including your date of birth, gender, employment history and qualifications.
- Personal contact details such as your name, title, addresses, telephone numbers, and personal email addresses.
- Copies of right to work documentation and references.
- Any information provided to us during an interview.
- CCTV footage.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
- Information about your race or national or ethnic origin, religious, philosophical or moral beliefs or your sexual life or sexual orientation.
4. How is your personal information collected?
We typically collect personal information about potential employees, workers and contractors through the application and recruitment process, occasionally directly from candidates but more often through employment agencies. We would also seek to follow-up references from your named referees.
5. How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- to assess your skills, qualifications and suitability to work for us;
- to carry our background and reference checks, where applicable;
- to communicate with you about the recruitment or hiring process;
- to keep records related to our hiring processes;
- where we need to comply with any legal obligations or regulatory requirements.
It is in our legitimate interests to decide whether to employ or engage you since it would be beneficial to employ or engage someone to that role.
We also need to process your personal information to decide whether to enter into a contract with you.
Having reviewed your CV and covering letter (or any applicable application form), and the results from any test used in the recruitment process, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role.
If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for interview, we will use the information you provide to us at the interview to decide whether to offer you the role or work (as applicable).
If we decide to offer you the role or work (as applicable), we may then take up references and/or carry out a criminal record check and/or carry out other checks before confirming your appointment.
5.1. Situations in which we will use your personal information
We need all the categories of information in the list above (see the kind of information we hold about you above) primarily to allow us assess your suitability to work for us [*] and to enable us to comply with legal obligations[**]. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties[***]. The situations in which we will process your personal information are listed below. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved.
- Making a decision about your recruitment or appointment.*
- Determining the terms on which you work for us. *
- Checking you are legally entitled to work in the UK/Poland/Latvia.* / **
- Business management and planning, including accounting and auditing. * / **
- Making decisions about salary and compensation. * / ***
- Assessing qualifications for a particular role. * / ***
- Education, training and development requirements. * / ***
- Ascertaining your fitness to work. * / **
- Complying with health and safety obligations. * / **
- To prevent fraud. * / **
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
5.2. If you fail to provide personal information
If you fail to provide certain information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully.
5.3. Change of purpose
We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. How we use particularly sensitive personal information
6.1. “Special categories”
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- if applicable we will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process;
- we may 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.
- Where we need to carry out our legal obligations and in line with our data protection policy.
- Where it is needed in the public interest and again in line with our data protection policy.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
6.2 Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
7. Data sharing
As stated above, we may have to share your data with third parties, including third party service providers and in certain circumstances other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your personal information.
7.1. Why might you share my personal information with third parties?
We will only share your personal information with third parties where required by law, or where it is necessary to process your application or where we have another legitimate interest in doing so.
7.2. Which third-party service providers process my personal information?
“third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group.
7.3. How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
7.4. When might you share my personal information with other entities in the group?
We may share your personal information with other entities in our group as part of the hiring or recruitment process or equal opportunities monitoring.
7.5. What about other third parties?
We may share your personal information with other third parties as part of the hiring or recruitment process. We may also need to share your personal information with a regulator or to otherwise comply with the law.
7.6. Transferring information outside the EU
We may transfer the personal information we collect about you to the USA, where our parent company navigator holdings ltd or affiliates are based and in order to perform the activities set out in paragraph 7.4 above.
However, to ensure that your personal information does receive an adequate level of protection we have put in place the following appropriate measures 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:
We will only transfer information about you to the USA where we believe this is necessary to run our business effectively and we will transfer only limited information about you to the USA.
When we transfer information to the USA, we will use a secure method of transfer such as password protection or encryption if we believe that this is necessary.
Access to your personal data will be limited to only those staff or contractors who require access for our business purposes.
Where our parent company needs to share your personal information with a third party it will only do so if it believes that the third party has adequate protection policies and procedures in place.
8. Data security
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
9. Data retention
9.1. How long will you use my information for?
We will only retain your personal information 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, we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
10. Rights of access, correction, erasure, and restriction
10.1. Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request the erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
- If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact in writing the Data Protection Officer whose contact details are: DataProtectionOfficer@navigatorgas.com.
10.3. No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
10.4. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
11. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Compliance Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
12. Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact the Data Protection Officer whose contact details are: DataProtectionOfficer@navigatorgas.com.