FAIR PROCESSING NOTICE

 

Introduction

ATS Euromaster ("ATS", "we", "our" or "us") hold and process data on all applicants and interview candidates in connection with the potential employment relationship ("you" or "your").

We take your data protection rights and our legal obligations seriously. Your personal information will be treated in a secure and confidential manner and only as set out below. 

The following Fair Processing Notice describes the categories of personal information we may process, how your personal information may be processed and how your privacy is safeguarded in the course of our relationship with you.  It is intended to comply with our obligations to provide you with information about ATS' processing of your personal information under privacy laws. It does not form part of any contract of employment or engagement.  

If you have any questions regarding the processing of your personal information or if you believe your privacy rights have been violated, please contact [email protected]  If you are aware of an unauthorised disclosure of data, please also refer this to [email protected]ster.com for guidance as to the applicable reporting requirements.

 

Processing of personal information

ATS collects and processes your personal information for the purposes described in this Fair Processing Notice.  Personal information means any information describing or relating to an identified or identifiable individual.  An identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual. 

 

What data do we process?

Personal Information

We may collect various types of personal information about you for the purposes described in this Fair Processing Notice including:

  • Staff related data: your title, forename, middle name(s) and surname, birth name, preferred name, any additional names, gender, nationality, second nationality, date of birth, age, home contact details (e.g. address, telephone number, e-mail), national ID number, immigration and eligibility to work data, languages spoken; 
  • Data related to your potential engagement with ATS: work contact details (e.g. address, telephone number, e-mail), work location, your work biography, your reporting line, your job title and job description, whether you are full or part time; references; position title; the reason for any change in job and date of change; 
  • Recruitment data:  qualifications,  references, CV and application, interview and assessment data, vetting and verification information;
  • Regulatory data: records of your registration with any applicable regulatory authority, your regulated status and any regulatory references; and
  • Remuneration and benefits data: your remuneration information (including salary information as applicable) and tax information.

 

Certain additional information may be collected where this is necessary and permitted by local applicable laws.  

Special categories of personal information 

To the extent permitted by applicable laws ATS may also collect and process a limited amount of personal information falling into special categories, sometimes called “sensitive personal data”.  This term includes information relating to such matters as racial or ethnic origin, religious beliefs, physical or mental health (including details of accommodations or adjustments), certain maternity/adoption information, trade union membership, sexual orientation, information regarding sexual life, biometric data, genetic data, criminal records and information regarding criminal offences or proceedings.  

 

How does ATS collect data?

ATS collects and records your personal information from a variety of sources, but mainly directly from you.  You will usually provide this information directly to your hiring manager(s) or the Human Resources contact or enter it into our systems (for example,  during the recruitment process, your participation in HR processes, emails you send or through verbal information which may be recorded).  

We may also obtain some information from third parties, for example, references from a previous employer where we employ a third party to carry out a background check (where permitted by applicable law).  

In some circumstances, data may be collected indirectly from monitoring devices or by other means (for example Closed Circuit television), if and to the extent permitted by applicable laws.  In these circumstances, the data may be collected by ATS or a third party provider of the relevant service. This type of data is generally not accessed on a routine basis but access is possible.  Access may occur, for instance, in situations where ATS is investigating possible violations of ATS policies such as those relating to employee conduct generally. More frequent access to such data may occur but only to the extent permitted by applicable laws.

Where we ask you to provide personal information to us on a mandatory basis, we will inform you of this at the time of collection and in the event that particular information is required by the contract or statute this will be indicated.  Failure to provide any mandatory information will mean that we cannot carry out certain HR processes.  In some cases it may mean that we are unable to continue with your potential employment or engagement as ATS will not have the personal information we believe to be necessary for the effective and efficient administration and management of our relationship with you.

Apart from personal information relating to yourself, you may also provide ATS with personal information of third parties, notably any referees from former places of employment. Before you provide such third party personal information to ATS you must first inform these third parties of any such data which you intend to provide to ATS and of the processing to be carried out by ATS, as detailed in this Fair Processing Notice.

 

What is the purpose and lawful basis for which data are processed?

Your personal information are collected and processed for various business purposes, in accordance with applicable laws and any applicable collective bargaining agreements.  Data may occasionally be used for purposes not obvious to you where the circumstances warrant such use (e.g., in investigations or disciplinary proceedings).  We may collect and process your personal information for various purposes, as set out in this Fair Processing Notice.  

Where applicable data protection laws require us to process your personal information on the basis of a specific lawful justification, we generally process your personal information under one of the following bases:

  • the processing is necessary for the legitimate interests pursued by ATS (being those purposes described in the section above), except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information;
  • the processing is necessary for compliance with a legal obligation to which ATS is subject; or
  • the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into such a contract.

 

We may on occasion process your personal information for the purpose of the legitimate interests pursued by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.

We have identified the following purposes for processing personal information.  These purposes each relate to a lawful basis for processing, as required under applicable law.  These purposes include:

No.

Purpose for processing

Lawful basis

a)

Recruitment and selection 

This processing is necessary to take steps at the applicant's request to enter a contract of employment.

This processing is also necessary for the purpose of the legitimate interests pursued by ATS.

ATS considers that it has a legitimate interest in fully assessing applications for employment to ensure that only suitable and appropriate candidates are both assessed and selected.  ATS considers that this is important to ensure that ATS identifies the right people for its business who will be able to contribute to its operations and culture.  

ATS aims to recruit the best person for each vacancy through fair, systematic, effective recruitment and selection procedures. This will ensure that ATS continues to meet its business objectives, maintain its reputation and continues to attract high calibre employees.

b)

Appropriate vetting for recruitment and team allocation including, where relevant and appropriate credit checks, right to work verification, identity fraud checks, criminal record checks (if and to the extent permitted by applicable laws), relevant employment history, relevant regulatory status and professional qualifications; 

This processing is necessary for the compliance with legal obligations to which ATS is subject.

This processing is also necessary for the purpose of the legitimate interests pursued by ATS.

ATS considers that it has a legitimate interest in managing its business operations in the most effective way.  ATS needs to make decisions relating to the future of its business in order to preserve its business operations or grow its business.  These interests include the interests of the workforce as a whole and the ATS customer base.

ATS considers business transformation to support its long-term business goals and outcomes.  ATS wishes to maintain its reputation and continue to attract high calibre employees.

c)

To enforce our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you;

This processing is also necessary for the purpose of the legitimate interests pursued by ATS.

ATS considers that it has a legitimate interest in protecting its organisation from breaches of legal obligations owed to it and to defend itself from litigation.  This is needed to ensure that the company’s legal rights and interests are managed appropriately.

ATS considers legal compliance and managing legal rights to support its long-term business goals and outcomes.  ATS wishes to maintain its reputation and continue to attract high calibre employees.

d)

To comply with lawful requests by public authorities (including without limitation to meet national security or law enforcement requirements), discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities (including without limitation data protection, tax and employment), whether within or outside your country; 

This processing is also necessary for the purpose of the legitimate interests pursued by ATS.

ATS considers that it has a legitimate interest in ensuring that it complies with all legal requirements placed on it, whether those are EU obligations or non-EU obligations.  ATS wishes to maintain its reputation as a good corporate citizen and to act appropriately in all the countries in which it does business.  This includes cooperating with authorities and government bodies.  Indeed, ATS is required to comply with laws and regulations in those countries in which it does business and to require otherwise would lead to conflicts of laws issues.

ATS considers legal compliance and managing legal rights to support its long-term business goals and outcomes.  ATS wishes to maintain its reputation and continue to attract high calibre employees.

 

Additional information regarding specific processing of personal information may be notified to you locally or as set out in applicable policies.  

 

Legal bases for processing

Processing special categories of personal information or sensitive data

The sensitive or special categories of personal information that may be processed by ATS are set out in this Fair Processing Notice.  

Where applicable data protection laws require us to process such special categories of personal information on the basis of a specific lawful justification, we process the same under one of the following bases:

  • the processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws; 
  • the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of your working capacity, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services, to the extent permitted by applicable laws;
  • the processing is necessary to protect your vital interests or of another person where you are physically or legally incapable of giving consent (for example in exceptional emergency situations, such as a medical emergency); or
  • the processing is necessary for the establishment, exercise or defence of legal claims.

 

This may include the following, although this is not an exhaustive list:
 

No.

Purpose for processing

Lawful basis

a)

Assess and review eligibility to work for ATS in the jurisdiction in which you work

This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.

b)

The collection of statistical data subject to local laws, or where required to record such characteristics to comply with equality and diversity requirements of applicable local  legislation or to keep ATS’ commitment to equal opportunity under review

This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.

c)

Administering your trade union membership and ensuring that any relevant rights that you may have in connection with any Trade Union membership are complied with, as required to enable us to meet our obligations under employment law;

This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.

d)

Management and investigation of any complaint under ATS' grievance policy (or other relevant policies),  where such characteristics or information are relevant to the particular complaint, in order to comply with employment law obligations.

This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.

 

We may seek your consent to certain processing which is not otherwise justified under one of the above bases.  If consent is required for the processing in question, it will be sought from you separately to ensure that it is freely given, informed and explicit.  Information regarding such processing will be provided to you at the time that consent is requested, along with the impact of not providing any such consent.  You should be aware that it is not a condition or requirement of your potential employment to agree to any request for consent from ATS. 

Processing data relating to criminal convictions and offences

Personal information relating to criminal convictions and offences will only be processed where authorised by applicable laws. 

For example: 

  • a criminal record check may be carried out on recruitment or transfer where authorised by applicable laws; or
  • an allegation of a criminal offence or conviction arising during your relationship with ATS may be processed where required or authorised.  For example where we have a legal or regulatory requirement to report an offence or applicable laws authorise ATS to process information about the offence for the purpose of making decisions regarding your relationship with ATS. 

 

Retention of personal information

ATS endeavours to ensure that personal information are kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable.  However, some personal information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

We will generally retain your personal information only so long as it is required for purposes for which it was collected.  

 

Access to data

Within ATS, your personal information can be accessed by or may be disclosed internally on a need-to-know basis to: 

  • Human Resources, including managers and team members;
  • management responsible for managing or making decisions in connection with your relationship with ATS or when involved in an HR process concerning your relationship with ATS; and
  • where necessary for the performance of specific tasks or system maintenance by staff in ATS teams such as the Finance, IT and the HR team.

 

Certain basic personal information, such as your name, location, job title, contact information and any published skills and experience profile may also be accessible to other employees. The security measures in place within ATS to protect your data are set out below. 

Your personal information may also be accessed by third parties whom we work (and their associated companies and sub-contractors) for providing us with services, such as hosting, supporting and maintaining the framework of our HR information systems. 

Personal information may also be shared with certain interconnecting systems such as recruitment systems and local payroll and benefits systems. Data contained in such systems may be accessible by providers of those systems, their associated companies and sub-contractors.   

Examples of third parties with whom your data will be shared include tax authorities, regulatory authorities, ATS' insurers, bankers, IT administrators, lawyers, auditors, investors, consultants and other professional advisors, payroll providers, and administrators of ATS' benefits programs.   ATS expects such third parties to process any data disclosed to them in accordance with applicable law, including with respect to data confidentiality and security. 

Where these third parties act as a "data processor" (for example, a payroll provider), they carry out their tasks on our behalf and upon our instructions for the above mentioned purposes.  In this case your personal information will only be disclosed to these parties to the extent necessary to provide the required services.  

In addition, we may share personal information with national authorities in order to comply with a legal obligation to which we are subject. This is for example the case in the framework of imminent or pending legal proceedings or a statutory audit. 

 

Security of Data

ATS uses a variety of technical and organisational methods to secure your personal information in accordance with applicable laws.

ATS is committed to protecting the security of the personal information you share with us. In support of this commitment, we have implemented appropriate technical, physical and organisational measures to ensure a level of security appropriate to the risk.

If you are in possession of personal information of any kind (e.g. data collected in emails, address books, Excel spreadsheets or contained in curricula vitae or elsewhere) you must ensure that the data are kept in a safe place where unauthorised access cannot occur.  Where data is retained in hard copy, storage in a locked drawer or cabinet, accessible only to authorised individuals, is generally the most effective means of securing the data. Where data is kept in electronic form, appropriate password protection and appropriately secured areas should be used.

 

Transfer of personal information

From time to time your personal information (including special categories of personal information) will be transferred to associated companies of ATS to process for the purposes described in this Fair Processing Notice. 

These associated companies may be located within the European Union and elsewhere in the world. Personal information may also be transferred to third parties, as set out above.

As a result, your personal information may be transferred to countries outside of the country in which you work to countries whose data protection laws may be less stringent than yours. 

ATS will ensure that appropriate or suitable safeguards are in place to protect your personal information and that transfer of your personal information is in compliance with applicable data protection laws.  Where required by applicable data protection laws, ATS has ensured that service providers (including other ATS associated companies) sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant ATS exporter. You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal information by contacting the HR Team on [email protected] 

 

Your rights

Right to access, correct and delete your personal information 

ATS aims to ensure that all personal information are correct. You also have a responsibility to ensure that changes in personal circumstances (for example, change of address and bank accounts) are notified to ATS so that we can ensure that your data is up-to-date.  

You have the right to request access to any of your personal information that ATS may hold, and to request correction of any inaccurate data relating to you. You furthermore have the right to request deletion of any irrelevant data we hold about you. 

Additional rights (from 25 May 2018)

From 25 May 2018, you also have the following additional rights:

  • Data portability - where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that personal information is processed by automatic means, you have the right to receive all such personal information which you have provided to ATS in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
  • Right to restriction of processing - you have the right to restrict our processing of your personal information where: 
    • you contest the accuracy of the personal information until we have taken sufficient steps to correct or verify its accuracy; 
    • where the processing is unlawful but you do not want us to erase the data;
    • where we no longer need the personal information for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or 
    • where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether ATS has compelling legitimate grounds to continue processing.

Where personal information is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.

  • Right to withdraw consent - where you have provided us with your consent to process data, you have the right to withdraw such consent at any time. You can do this by (i) in some cases deleting the relevant data from the relevant HR system (although note that in this case it may remain in back-ups and linked systems until it is deleted in accordance with our data retention policy) or (ii) contacting your local Human Resources contact.
  • Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

 

You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the processing of your personal information infringes applicable law. 

For further information regarding your rights, or to exercise any of your rights, please contact the HR Team on [email protected] 

 

Additional Fair Processing Notices

We may undertake certain processing of personal information which are subject to additional Fair Processing Notices and we shall bring these to your attention where they engage.

 

Notice of changes

ATS may change or update this Fair Processing Notice at any time.  

Should we change our approach to data protection, you will be informed of these changes or made aware that we have updated the Fair Processing Notice so that you know which information we process and how we use this information. This Fair Processing Notice was last updated and reviewed on 20 June 2018.