Recruitment Privacy Notice

This Recruiting Privacy Notice (“Privacy Notice”) describes how we handle and protect your personal data in connection with our recruiting processes and programs. In case of a conflict between this Privacy Notice and applicable law, applicable law will govern.

This Privacy Notice only applies to the personal data of job applicants, potential candidates for employment and those who participate in our recruiting programs and events. As part of our recruitment process, we may collect personal information, received from Candidates, including information received through any application tools that the Candidate uses, education and work-related information which Candidate has posted on social networks.

By submitting your personal data to us you shall be deemed to acknowledge that:

• You have read and understood this Privacy Notice and agree to the use of your personal data as set out herein.
• You are not required to provide any requested information to us, but your failure to do so may result in our being unable to continue with our evaluation of your application for the job you have applied for.
• All of your representations are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature. Providing any inaccurate information may make you ineligible for employment.
• This Privacy Statement does not form part of any contract of employment offered to candidates hired by us.

What personal data do we collect and process?

We may collect the following information up to and including the shortlisting stage of the recruitment process:

• name and contact details (such as telephone number, e-mail address and postal address);
• date of birth;
• KRA Personal Identification Number, proof or registration with NHIF and NSSF;
• curriculum vitae / résumé;
• current and previous employment details (including salary/bonus and employee benefits schemes);
• academic background (such as your university or school diplomas/certificates and other educational achievements);
• languages spoken and level of proficiency;
• evidence of identity such as national ID/passport/resident card;
• video, photographic images or audio recordings submitted or made as part of the recruitment process.
• trade union and professional bodies memberships

After we makes an offer to you for employment, we may conduct a further background check and, to the extent permitted by applicable law, collect data related to criminal offences and proceedings from third parties, collect similar personal data about you from third parties, such as professional recruiting firms, your references, your alma mater, prior employers, and employment background check providers. We may also collect personal data about you online to the extent that you have chosen to make this information publicly available.

We will obtain your consent prior to contacting third parties, such as referees, for references or further information.

How we collect your personal data

We collect personal data through the following channels:

1. career websites– We collect your Personal Data when you submit a job application and/or create a profile through our Careers website/portal or approved third party websites
2. recruitment agencies– Your Personal Data may be shared with us by recruitment agencies with whom you have registered an interest in working for us.
3. Social network sites– we may collect your personal data from social media channels such as LinkedIn when you choose to provide us with a link to your profile as part of your job application. We also uses various social media channels and job boards to advertise and communicate open opportunities. If you sign-in to our recruitment system through a social media channel, or job board where the functionality allows, we may use the content of your Job Board application.
4. Other sources– your Personal Data may also be collected from third parties during the recruitment process, such as references from previous employers.

Why do we collect the information?

We will typically collect and use this information for the following purposes:

• to take steps to enter into a contract;
• for compliance with a legal obligation; and
• for the purposes of our legitimate interest, which is to recruit a suitable candidate for the job. We use this information for the purposes of our legitimate interests only if these are not overridden by your interests, rights or freedoms

Access and correction

We guarantee that you have all the statutory rights regarding your data including the rights to access personal data, ask to delete personal data or transfer data (data portability). You may make amendments and corrections at any time by contacting us through hr@capwell.co.ke and we will make all reasonable and practical efforts to comply with request.

You have a right to withdraw your consent at any time by contacting hr@capwell.co.ke without affecting the lawfulness of processing based on consent before its withdrawal.

 How long do we retain your data

Should you be offered the position applied for at the end of the recruitment process, the personal data collected during your pre-employment period will form part of your personnel records and will be retained for the duration of your employment and thereafter as prescribed by the Employment Act and other laws applicable to capwell Industries Limited

We may nevertheless continue to retain and use your personal data, in instances where we you are unsuccessful in your application, for a period of time for system administration purposes, to consider you for potential future roles, and thereafter in an aggregated/ anonymised form for research purposes.

Disclosure of personal data to others

We may also need to share some of the above categories of personal information with other parties, such as HR consultants and professional advisers. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. We may also be required to share some personal information with our regulators as required to comply with the law.

Data Security

We are committed to protecting the personal data you provide us. To prevent unauthorised access or disclosure of personal data under our control, we have appropriate security systems in place to safeguard the personal data we collect. Encryption is also used on where security is particularly important. All personal information regarding a job applicant may be held on computer and/or in the employee’s file. Staff will keep personal data secure against loss or misuse.

Your legal rights

In accordance with the Constitution of Kenya, the Data Protection Act and any other applicable law, we recognises and protects your rights as detailed below:-

• a right to request information about the personal data we hold about you, including the details of how we use that information and who we share it with
• a right to request a copy of the personal data that we hold about you;
• a right to amend or rectify your personal data if any of the information held about you is incorrect or out of date;
• a right to portability of your personal data;
• a right to request erasure of your personal data;
• a right to demand that we cease the processing of your personal data or that we restrict the processing of your personal data;
• a right to withdraw your consent to the processing of your personal data, to the extent our processing relies on your consent as the lawful basis for processing. This right may not apply if there are other legal justifications to continue processing or we need to retain certain personal data where required or permitted under applicable law; and/or
• a right to provide us with instructions as to the processing of your personal data in case of death.

To help protect your privacy and security, we will take reasonable steps to verify your identity before granting you access to your personal data. We will make reasonable attempts to promptly investigate, comply with, or otherwise respond to your requests as may be required by law. Depending on the circumstances and the request, we may not be permitted to provide access to personal data or otherwise fully comply with your request; for example, where producing your information may reveal the identity of someone else. We reserve the right to charge an appropriate fee for complying with your request where allowed by applicable law, and/or to deny your requests where, in our discretion, they may be unfounded, excessive, or otherwise unacceptable under applicable law

Miscellaneous

This Recruitment Privacy Statement does not apply to any processing of your Personal Data carried out by or on behalf of any third-party websites where our recruitment advertisements are displayed or to linked third-party websites that we do not operate or control.

If you have questions about this Privacy Notice, or if you wish to exercise your privacy rights, please contact us at dpo@capwell.co.ke. Attention: Data Protection Officer.