Effective Date: September 16, 2019
Scope of privacy notice
1. Like most businesses, we hold and process a wide range of information, some of which relates to individuals who work for us. This Privacy Notice explains the type of information we process, why we are processing it and how that processing may affect you.
The notice focuses on individuals who work for us, whether employed by us or not. It also covers information on those who apply to work for us and former employees.
This Privacy Notice is set out in this document (the Core Notice) and the Supplementary Information in the annex to this document.
In the Supplementary Information, we explain what we mean by “Personal Information”, “processing”, “sensitive Personal Information” and other terms used in the notice.
2. In brief, this notice explains:
- what Personal Information we hold and why we process it;
- the legal grounds which allow us to process your Personal Information;
- where the data comes from, who gets to see it and how long we keep it;
- how to access your Personal Information and other rights;
- how to contact us.
Personal Information — what we hold and why we process it
3. We process your Personal Information for the purposes of our business including management, administrative, employment and legal purposes. The Supplementary Information provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data. See Processing gateways — the legal basis for processing and Further information on the data we process and our purposes.
Where the data comes from and who gets to see it
4. Some of the Personal Information that we process about you comes from you. For example, you tell us your contact and banking details.
Other Personal Information about you is generated in the course of your work, for example, from your managers, colleagues and customers or others outside our organization with whom you deal.
Your Personal Information will be seen internally by managers, HR and, in some circumstances, colleagues. We may also pass your data outside the organization, for example to people you are dealing with, payroll agencies and other service providers.
Further information on this is provided in the Supplementary Information. See Where the data comes from and Who gets to see your data?
How long do we keep your Personal Information?
5. We do not keep your Personal Information for any specific period but will not keep it for longer than is necessary for our purposes. In general, we will keep your Personal Information for the duration of your employment and for a period afterwards.
See Retaining your Personal Information — more information in the Supplementary Information.
Transfers of Personal Information outside the EEA
6. We are headquartered in the USA and we have another office in India. Therefore, we may transfer your Personal Information outside the EEA to members of our group. We may also transfer it to processors in other countries.
Further information on these transfers and the measures taken to safeguard your data are set out in the Supplementary Information under Transfers of Personal Information outside the EEA —more information. .
Your data rights
7. You have a right to request to receive information about the data that we process about you (known as a ‘data subject access request’). Further information on this and on other rights is in the Supplementary Information under Access to your Personal Information and other rights. We also explain how to make a complaint about our processing of your data.
8. If you are employed in the EEA, in processing your Personal Information, the entity which employs or engages you will be the data controller in relation to your Personal Information.
Contact details for each EEA country in which we employ or engage people are set out in the Appendices to this Notice.
You may also contact us at firstname.lastname@example.org.
Status of this notice
9. This notice does not form part of your contract of employment and does not create contractual rights or obligations. It may be amended by us at any time.
What do we mean by “Personal Information” and “processing”?
1. “Personal Information” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured manual filing system. It includes not only facts about you, but also intentions and opinions about you.
Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV or photographs.
“Processing” means doing anything with the data. For example, it includes collecting it, holding it, disclosing it and deleting it.
Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “sensitive Personal Information“.
References in the Privacy Notice to employment, work (and similar expressions) include any arrangement we may have under which an individual provides us with work or services. By way of example, when we mention an “employment contract”, that includes a contract under which you provide us with services; when we refer to ending your employment, that includes terminating a contract for services. We use the word “you” to refer to anyone within the scope of the notice.
Legal grounds for processing Personal Information
What are the grounds for processing?
10. Under data protection law, there are various grounds on which we can rely when processing your Personal Information. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
|Term||Ground for processing||Explanation|
|Contract||Processing necessary for performance of a contract with you or to take steps at your request to enter a contract||This covers carrying out our contractual duties and exercising our contractual rights.|
|Legal obligation||Processing necessary to comply with our legal obligations||Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination|
|Legitimate Interests||Processing necessary for our or a third party’s legitimate interests||We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data.
Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.
|Consent||You have given specific consent to processing your data||In general processing of your data in connection with employment is not conditional on your consent. But there may be occasions where we do specific things such as provide a reference, deduct union dues or obtain medical reports and rely on your consent to our doing so.|
Processing sensitive Personal Information
11. If we process sensitive Personal Information about you, as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive Personal Information applies. In outline, these include:
- Processing being necessary for the purposes of your or our obligations and rights in relation to employment in so far as it is authorised by law or collective agreement;
- Processing relating to data about you that you have made public (e.g. if you tell colleagues that you are ill);
- Processing being necessary for the purpose of establishing, making or defending legal claims;
- Processing for equality and diversity purposes to the extent permitted by law.
Further information on the data we process and our purposes
12. The Core Notice outlines the purposes for which we process your Personal Information. More specific information on these, examples of the data and the grounds on which we process data are in the table below.
The examples in the table cannot, of course, be exhaustive. For example, although the table does not mention data relating to criminal offences, if we were to find out that someone working for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes.
|Purpose||Examples of Personal Information that may be processed||Grounds for processing|
|Recruitment||Information concerning your application and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work. If relevant, we may also process information concerning your health, any disability and in connection with any adjustments to working arrangements.||Legal obligation
|Your employment or service contract including entering it, performing it and changing it||Information on your terms of employment or engagement from time to time including your pay and benefits, such as your participation in pension arrangements, life and medical insurance; and any bonus or share scheme||Contract
|Contacting you or others on your behalf||Your address and phone number, emergency contact information and information on your next of kin||Contract
|Payroll administration||Information on your bank account, pension contributions and on tax and national insurance
Information on attendance, holiday and other leave and sickness absence
|Supporting and managing your work and performance and any health concerns||Information connected with your work, anything you do at work and your performance including records of documents and emails created by or relating to you and information on your use of our systems including computers, laptops or other device.
Management information regarding you including notes of meetings and appraisal records.
Information relating to your compliance with our policies.
Information concerning disciplinary allegations, investigations and processes and relating to grievances in which you are or may be directly or indirectly involved.
Information concerning your health, including self-certification forms, fit notes and medial and occupational health reports.
|Changing or ending your working arrangements||Information connected with anything that may affect your continuing employment or the terms on which you work including any proposal to promote you, to change your pay or benefits, to change your working arrangements or to end your employment||Contract
|Physical and system security||CCTV images
Records of use of swipe and similar entry cards
Records of your use of our systems including computers, phones and other devices and passwords.
|Providing references in connection with your finding new employment||Information on your working for us and on your performance.||Consent
|Providing information to third parties in connection with transactions that we contemplate or carry out||Information on your contract and other employment data that may be required by a party to a transaction such as a prospective purchaser, seller or outsourcer||Legitimate interests|
|Monitoring of diversity and equal opportunities||Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age||Legitimate interests|
|Monitoring and investigating compliance with policies and rules both generally and specifically||We expect our employees and staff to comply with our policies and rules and may monitor our systems to check compliance (.e.g. rules on accessing pornography at work). We may also have specific concerns about compliance and check system and other data to look into those concerns (e.g. log in records, records of usage and emails and documents, CCTV images).||Legitimate interests|
|Disputes and legal proceedings||Any information relevant or potentially relevant to a dispute or legal proceeding affecting us.||Legitimate interests
|Trade union check off arrangements||Details of trade union membership and deductions of contributions made at source||Contract|
|Day to day business operations including marketing and customer/client relations||Information relating to the work you do for us, your role and contact details including relations with current or potential customers or clients. This may include a picture of you for internal or external use.||Legitimate interests|
|Maintaining appropriate business records during and after your employment or engagement||Information relating to your work, anything you do at work and your performance relevant to such records.||Contract
Where the data comes from
13. When you start employment with us, the initial data about you that we process is likely to come from you: for example, contact details, bank details and information on your immigration status and whether you can lawfully work. We may also require references and information to carry out background checks. In the course of employment or engagement, you may be required to provide us with information for other purposes such as sick pay and family rights (e.g. maternity and paternity leave and pay). If you do not provide information that you are required by statute or contract to give us, you may lose benefits or we may decide not to employ / engage you or to end your contract. If you have concerns about this in a particular context, you should speak to HR.
14. In the course of your work, we may receive Personal Information relating to you from others. Internally, Personal Information may be derived from your managers and other colleagues or our IT systems; externally, it may be derived from our Customers, Carriers, Service Provider or others with whom you communicate by email or other systems.
Who gets to see your data?
15. Your Personal Information may be disclosed to your managers, HR and administrators for employment, administrative and management purposes as mentioned in this document. We may also disclose this to other members of our group.
16. We will only disclose your Personal Information outside the group if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you.
We may disclose your data if it is necessary for our legitimate interests as an organization or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy). We may also disclose your Personal Information if you consent, where we are required to do so by law and in connection with criminal or regulatory investigations.
17. Specific circumstances in which your Personal Information may be disclosed include:
- Disclosure to organizations that process data on our behalf such as our payroll service, insurers and other benefit providers, our bank and organizations that host our IT systems and data;
- Disclosure to external recipients of electronic communications (such as emails) which contain your Personal Information;
- Disclosure on a confidential basis to a potential buyer of our business or company for the purposes of evaluation — but only if we were to contemplate selling;
Retaining your Personal Information — more information
18. Although there is no specific period for which we will keep your Personal Information, we will not keep it for longer than is necessary for our purposes. In general, we will keep your Personal Information for the duration of your employment and for a period afterwards. In considering how long to keep it, we will take into account its relevance to our business and your employment either as a record or in the event of a legal claim.
If your data is only useful for a short period (for example, CCTV or a record of a holiday request), we may delete it.
Personal Information relating to job applicants (other than the person who is successful) will normally be deleted after 12 months.
Transfers of Personal Information outside the EEA — more information
19. We are headquartered in USA and we have another office in India. Therefore, in connection with our business and for employment, administrative, management and legal purposes, we may transfer your Personal Information outside the EEA to members of our group as well as to Service Providers. We will ensure that the transfer is lawful and that there are appropriate security arrangements.
We have entered into agreements ensuring appropriate and suitable safeguards with our group members and third party Service Providers. If you wish to see details of these safeguards, please email email@example.com.
Access to your Personal Information and other rights
20. We try to be as open as we reasonably can about Personal Information that we process. If you would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold Personal Information about you, we are required to provide you with information on it, including:
- Giving you a description and copy of the Personal Information
- Telling you why we are processing it
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your Personal Information rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself (for example your address or bank details), you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent or Contract.
If we have relied on consent as a ground for processing, you may withdraw consent at any time — though if you do so that will not affect the lawfulness of what we have done before you withdraw consent.
21. If you are employed or engaged within the EEA and you have complaints relating to our processing of your Personal Information, you should raise these with HR in the first instance. You may also raise complaints with the statutory regulator in your jurisdiction.
Please see the Appendix relevant to the jurisdiction in which you are employed or engaged for information about the statutory regulator in the country in which you are employed or engaged.
Status of this notice
22. This notice does not form part of your contract of employment and does not create contractual rights or obligations. It may be amended by us at any time.
If you are employed or engaged by our entity in the Netherlands the following additional information applies to you.
23. If you have questions about the way in which we process your Personal Information, please contact firstname.lastname@example.org.