ghSMART GENERAL DATA PROTECTION REGULATION (“GDPR”)
FAIR PROCESSING NOTICE
FOR INTERNAL RECRUITING APPLICANTS & CANDIDATES FOR EMPLOYMENT
EUROPEAN ECONOMIC AREA RESIDENTS
February 26, 2020
G.H. Smart & Company, Inc. and ghSMART UK Limited along with its subsidiaries (“ghSMART”), is committed to protecting the privacy and security of your personal information. This ghSMART GDPR Fair Processing Notice (“privacy notice”, “privacy statement”, or “notice”) describes how we collect and use personal information about you during and after your relationship with us, in accordance with GDPR.
It should be noted that our legal basis for processing is indicated below. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information. This notice does not form part of any contract of employment should you be offered employment by us and does not cover the handling of our employee personal data. We cover the collection and processing of employee personal data through internal policies, processes and notices.
For the purposes of the GDPR, ghSMART is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. As a data controller we are required under GDPR to notify you of the information contained in this privacy notice.
This privacy notice applies to internal employment applicants and candidates who have not yet reached our interview and assessment process. Please note that an additional privacy notice will be sent to you if you begin our interview and assessment process which includes our introductory telephone call with you.
In this section we outline the purposes for which we may process your data as permitted by applicable law. For each ‘purpose’ we also list the types of data we may process and our legal basis for the processing it.
I. For the Purpose of Recruiting and General Administration
Additional purpose explanation:
- Maintaining contact information for current and prospective job applicants or individuals being considered for a role at ghSMART;
- Acknowledging your application;
- Determining and providing statements of opinion about your suitability for current and future vacancies or roles;
- Meeting arrangement/travel/scheduling;
- To facilitate the reimbursement of approved travel, accommodations, or other expenses during the early stage recruiting process.
Types of personal data that may be processed (please note that we do not process this data in all cases):
- Personal data allowing identification (title, surname, first name); contact information (street address, telephone and email address);
- Personal data allowing identification (title, surname, first name, date and place of birth); contact information (street address, telephone and email address); nationality (or immigration status); education; training; professional experience (prior jobs, tenure, employer name, location of employment, contact details of employer, employment appraisal/assessment, main tasks and responsibilities, linguistic and job related skills and competencies, current and prior compensation, reason for leaving prior jobs); standardized test scores; volunteer or professional organization memberships; details of qualifications; expressions of opinion or future intentions; assessment of strengths and weaknesses; and other professional or personal information voluntarily provided;
- Meeting arrangement/travel/scheduling details;
- Information needed to reimburse expenses incurred during early stage recruiting process, such as travel receipts, account holder name(s), name of bank, sort code, account number.
Lawful basis for processing personal data:
- Recruiting candidates for employment (applying GDPR Art 6.1f – a legitimate interest);
- To comply with record keeping obligations (applying GDPR Art 6.1c – compliance with a legal obligation);
- To enable effective management and reporting (applying GDPR Art 6.1f – a legitimate interest);
- Where required, we will obtain your consent (applying GDPR Art 6.1a).
If you fail to provide personal information
A failure to provide certain requested information may prevent us from completing our recruiting process, however you are under no obligation to provide us with personal information.
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.
Will your personal data be subjected to automated decision making?
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
- Where we have notified you of the decision and given you 21 days to request a reconsideration;
- Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights;
- In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
We do not envisage that any decisions will be made about you using automated means, however we will notify you in writing if this position changes.
Your data will be accessed by those individuals involved in the ghSMART recruiting process. Within ghSMART this will include our recruiters, interviewers, human resources personnel, internal consultants, the administrative and IT staff, and the third parties disclosed in the next section. Please note administrative and IT staff are performing functions such as contract administration, scheduling, document and data management, billing and expense management.
We may have to share your data with third parties, including third-party service providers and other entities within ghSMART. The following categories of third-parties may have access to your personal data:
- Service providers required for processing standard business functions such as cloud data storage, IT services, anti-virus scanning, contacts management, email, and document management;
- Government officials/law enforcement agencies when local reporting is required.
All our third-party service providers and other entities in the ghSMART 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, in accordance with our instructions and under the terms of a data processing agreement. Note that in circumstances where you have first supplied your data to a third party, they will also operate as a data controller or processor for the purposes of the GDPR and as such have their own responsibilities for the security of your data.
Transferring information outside of the EU
We may transfer the personal information we collect about you to countries outside the European Economic Area in order to perform our contract with you. This may include the United States where ghSMART has members of our staff that are involved in the recruiting process and related administrative services. There is not an adequacy decision by the European Commission in respect of these countries, which means they are not deemed to provide an adequate level of protection for your personal information. However, to ensure that your personal information does receive an adequate level of protection we have put in place relevant appropriate measures to ensure that your personal information is treated by those outside of the European Economic Area in a way that is consistent with and which respects the laws on data protection (applying GDPR Art. 46.2 for standard contractual clauses). You can contact us if you require further information about these protective measures.
The period for which data is stored
The information we collect will form part of our records and as such will be retained as required by legal, accounting, reporting standards, or ghSMART corporate policy applicable to our business. ghSMART may also be required to retain this information based on statute of limitations for specific countries, as well as government record retention requirements for tax purposes. ghSMART reviews the data to determine that the policy for data storage is in line with our stated purposes for which we may process your data. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case we may continue to use such information without further notice to you.
When we process your personal data, we will always apply the core principles of the GDPR to ensure it is:
- 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.
We have put in place appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we have policies and procedures designed to 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 put in place procedures 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.
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 (also known as rectification) 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 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 delete or remove your personal information where you have exercised your right to object to processing (see below);
- 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 (also known as portability) of your personal information to another party.
Your right to object
- Under certain circumstances, by law you have the right to object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact firstname.lastname@example.org in writing.
Where the processing of your information is based on your consent, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact email@example.com. 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.
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.
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.
Changes to this privacy notice
Any changes we make to our privacy notice 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 notice.
If you have any questions about this privacy notice, please contact: firstname.lastname@example.org.