Privacy Notice for Employees and Candidates
Effective: 27 July 2020
- Purpose and Scope
- The Data Protection Principles
- How Do We Collect Personal Data of Candidates?
- What Data Is Considered Employment Data?
- What Will We Do With Your Employment Data?
- Who May Access Your Employment Data?
- How Long Will A-dec Retain Employment Data?
- Where Does A-dec Store Employment Data?
- Data Security
- Exercising Your Rights
- Employee Compliance Line
- Updates To This Privacy Notice
- Contact Us
Purpose and Scope
A-dec, Inc., including its global affiliates ("A-dec"), takes the privacy and security of your personal data seriously and is committed to complying with the requirements of applicable data protection legislation. This Privacy Notice for Employees and Candidates ("Notice") is intended to explain how A-dec manages the personal data of employment candidates ("Candidates") and employees, contractors and consultants, whether part-time or full-time ("Employees"). This Notice applies to all Candidates and Employees regardless of geographic location, including Candidates and Employees in the European Economic Area ("EEA"), Switzerland and the United Kingdom. This Notice will also provide you with information on any rights you have as a Candidate or Employee, under applicable data protection law. Throughout this Notice we will refer to your personal data, obtained by A-dec in the application or employment context as "Employment Data."
The Data Protection Principles
Any rights you may have to your personal data as a Candidate or Employee will vary depending on where you reside. If local law has different requirements for A-dec or offers rights to individuals other than as set out in this Notice, we will follow the local law. If you have specific questions about your rights that are not addressed by this Notice, please contact us at email@example.com.
Even though the rights granted and content of law varies around the world, there are a number of common principles those laws share, including the following ten principles, which A-dec follows when handling Employment Data.
- Fairness and Transparency: A-dec will process Employment Data lawfully, fairly and in a transparent way.
- Lawful Processing: A-dec will only process Employment Data, including sensitive Employment Data, where it has a valid legal basis and in a lawful manner.
- Purpose Limitation: A-dec will only collect Employment Data for specific explicit and legitimate purposes. Any further processing should be compatible with that purpose. A-dec may also rely on the individual's consent or authorization allowed by law.
- Data Minimization: A-dec will only process Employment Data that is adequate, relevant and limited to what is necessary in relation to the purpose for which it was collected.
- Data Accuracy: A-dec will take reasonable steps to ensure Employment Data is accurate, complete, and kept up to date.
- Data Retention: A-dec will only keep Employment Data in a form which permits identification of the data subject for no longer than is necessary to fulfil the purpose for which it was collected or for another permitted purpose.
- Security: A-dec will use appropriate security measures to ensure the confidentiality and integrity of Employment Data and will require the same of any third parties processing Employment Data for us.
- Individual Rights: A-dec will allow individuals to exercise their lawful rights in relation to their Employment Data, including the right to access and correct personal data.
- Accountability: A-dec will take steps necessary to comply, and demonstrate its compliance, with these data protection principles.
- Personal Data Transfers: A-dec will put appropriate safeguards in place before sending Employment Data outside the country from which it was collected.
How Do We Collect Personal Data of Candidates?
For applicants from the United States and Canada, we may collect and process Employment Data about you when you apply for a job through our job portal available on our website, which is operated by a third party provider. When you access the job portal through our website, cookies may be placed on your computer or other device or use similar technologies to collect information about your use of the job portal. Cookie information may be provided to A-dec or the third party provider depending upon whether A-dec or the third party provider places the cookie. For more information about cookies and similar technologies, please see our Cookie Notice.
For applicants outside of the United States and Canada, we may collect and process Employment Data about you when you submit your application, resume, and any supplementary information via email or a physical application submitted directly to A-dec or a third party recruiting agency.
Where permitted by local law, we may also collect information about you from third parties. For example, we may obtain information you make publicly available through profiles and databases or social media sites.
What Data Is Considered Employment Data?
Throughout employment and for as long as is necessary after the termination of employment, the Company will need to process data about you. Employment Data may include the following categories of information:
Your contact details, which may include physical mailing address, e-mail address, and phone number;
Your date of birth;
Your Social Security or other government issued identification number (as part of pre-employment screening);
Your resume and application details which may include your professional qualifications, employment history, personal photo, place of residence, personal interests and related experience;
Information you provide to maintain your job applicant account, such as your username and password, name, email, LinkedIn profile (where permitted by local law), location, field of expertise and the kind of role you are interested in;
Information collected by A-dec through the recruitment process, such as your performance during an interview and information provided by your references; and
Information about criminal convictions, drug use or medical conditions, where permitted by local law.
Your contact details, which may include physical mailing address, e-mail address, and phone number;
Your date of birth and marital status;
The name, address and legal status of your family member(s) for purposes of calculating tax, salary, and pension plan participation;
Employment administration information which may include:
- copy of government issued identification to verify identity;
- ID photo;
- employee identification number;
- absence records, hours worked, vacation records;
- financial information such as your salary, tax codes, and banking information;
- social security or government identification number for employee, family members, beneficiaries;
- information relating to performance management and promotions such as appraisals or reviews, training, or disciplinary and grievance investigations;
- your employment terms and conditions;
- details related to your presence at an A-dec location as may be recorded by electronic card access systems, where permitted by local law; and
- details related to your use of A-dec assets, such as computers and telephones, where permitted by local law.
Sensitive data, which may include:
- health-related information for job related accommodations, results of random drug screenings (where permitted by law), retirement or pension plans, and for insurance coverage associated with accident, disability or death;
- health-related information of an employees' family member(s) necessary to process certain employee requests such as in relation to a leave of absence; and
- biometric information, namely, imagery of the face from which a faceprint can be extracted that is then combined with other identifying data, namely, employee photographs (Newberg campus only).
Please note that the foregoing descriptions of the types of Employment Data are not necessarily a complete list for all cases, but should be used as a guide; the types of data may change from time to time to accommodate A-dec's business needs and goals as well as to support the employment process.
A-dec believes that the Employment Data used are consistent with the relationship between A-dec and yourself and with the data protection principles. The Employment Data A-dec holds will be for management and administrative use only but A-dec may, from time to time, need to disclose some data it holds about you to relevant third parties (e.g. where legally obliged to do so by taxing or other governmental authorities, where requested to do so by you for the purpose of giving a reference or in relation to maintenance support and/or the hosting of data in relation to the provision of insurance).
In some cases, as noted above, A-dec may hold data that is more sensitive in nature, for example, this could be information about a disability, results of a drug screening, racial or ethnic origin, veteran's status, or criminal convictions. This information may be processed not only to meet A-dec's legal responsibilities but, for example, for purposes of personnel management and administration, suitability for employment, and to comply with equal opportunity legislation. Since this information is considered sensitive, certain laws may require us to obtain your express consent for this information to be processed, unless A-dec has a specific legal requirement to process such data.
What Will We Do With Your Employment Data?
The main purposes for which A-dec will use your Employment Data include:
Processing your job application, so we can assess your ability to meet the job qualifications, to allow us to prioritize applicants who more closely meet job requirements, and to verify references and professional qualifications provided by you; and
Improving our application process, to ensure that our job portal and website is user-friendly and contains appropriate and helpful information.
Workforce planning and recruitment, including forecasting, employee assignment planning and budgeting, job advertising, interviewing, and selecting and hiring staff;
General human resources management and administration, including employee career development, performance management, social security, compensation, pension and benefits management and benchmarking, administering payroll and benefit arrangements, insurance, managing absences and general headcount reporting;
Performance of A-dec's business operations, including carrying out A-dec's day-to-day business activities, allowing us to work with our customers and ensuring business continuity;
Security management, to ensure the security of A-dec's facilities, assets, products, information and Employees;
Marketing and public relations, including displaying Employees' contact details and photographs on our website, or other professional social media websites and on other means of communication such as press releases; and
Legal and regulatory compliance, including to ensure compliance with health and safety requirements and other legal or financial obligations, in connection with litigation, an internal investigation or audit, and to ensure compliance with A-dec's Code of Business Conduct and Ethics and our policies regarding anti-money laundering, bribery and corruption.
At the Newberg campus only, biometric information is collected by touchless body temperature kiosks that A-dec has installed in response to the COVID-19 pandemic. If you want to access the Newberg campus, then prior to entry, a kiosk will need to scan your face in order to identify you and confirm your body temperature. Your biometric information will be used by A-dec only, will not be used for any other purpose, and will not be disclosed to any third party. Your biometric information will be deleted upon your separation from A-dec or when the kiosks are no longer needed, whichever occurs first.
Please note that the purposes above are not necessarily a complete list but should be used as a guide since the purposes of processing may change from time to time to accommodate A-dec's business needs and goals. We will only process your Employment Data where we have a legal basis for doing so such as to fulfil a contractual obligation, where we have your consent, where we must comply with law, or where we have a legitimate interest that does not outweigh your data protection rights. Generally, we will be processing it in order to help us decide whether to enter into an employment relationship with you or to comply with our obligations once you become an employee. Processing Employment Data is also necessary for us to maintain an employment relationship with you and your failure to provide personal data or your objection to its processing would prevent A-dec from establishing an employment relationship with you.
Sometimes we will process your Employment Data in a certain way because you have consented to us doing so. For example, you may voluntarily participate in and consent to employee engagement surveys. Where we are processing your personal data based upon consent, you may withdraw your consent at any time.
We may also process your Employment Data to comply with our legal obligations (for example, relating to tax and financial matters) or because it is in our legitimate business interests as an employer, for example, to better understand our job applicants so we can deliver an effective recruitment service or to protect the security and integrity of our networks, IT infrastructure and product offerings.
Who May Access Your Employment Data?
Within A-dec. A-dec restricts access to Employment Data to A-dec employees and contractors who need access to this information so that the employee or contractor can perform their job. For example, our Human Resources team will have access to your Employment Data in order to manage the employment relationship with A-dec. In addition, your manager will have access to some of your Employment Data in order to support career development and performance management.
Unless prohibited by applicable law, A-dec may access emails sent to and from Employees (using the company email account and on company devices or personal devices where an Employee's company email account is used on the device for business purposes), and the content of any email (which may include personal data relating to third parties) for the purposes of investigating conduct and compliance related incidents affecting and/or related to A-dec and its business. Although we try not to review the content of personal emails, there may be times when this is incidental or necessary, for example, where we need to investigate a breach of security within A-dec or to investigate an allegation related to an Employee or third party. Any such access will always be conducted in accordance with applicable law.
Outside A-dec. A-dec does share Employment Data with its authorized third-party service providers. For example, we may share Employment Data with third parties that help support our recruitment process by screening and verifying the information contained in your application and any additional information you provided to us, including verifying your academic and professional qualifications. We may also share Employment data with third parties that support us in the employment process, including third party benefits, health or retirement plan providers. In all cases, access to your Employment Data by any third party is limited to those third parties that need access to the information in order to deliver their services.
A-dec may also disclose your Employment Data to a third party (such as a vendor) in order to conduct and manage recruitment. We may also share limited Employment Data (typically your business contact details such as name, phone number and email address) to a customer so they may contact you in the normal course of business, or with a vendor to enable creation of your profile so that you can access software and services that support your ability to perform your job (e.g., Cisco, Brainier and Engencia).
On rare occasions, we may disclose your Employment Data to other third parties outside A-dec; for example:
- When required to do so by law;
- In response to a legitimate request for assistance by the police or other law enforcement agency;
- To seek legal advice from A-dec’s external lawyers, in connection with a dispute with a third party or to investigate an allegation against an Employee or third party; or
- In connection with the sale, purchase or merger of a business.
In these cases, the Employment Data may be transferred to an A-dec entity, a court, a regulator or a third party located outside the EEA, Switzerland or the United Kingdom.
How Long Will A-dec Retain Employment Data?
We retain your Employment Data for as long as necessary to fulfil the purposes for which we collect it, and in accordance with applicable law and A-dec's data retention policies and procedures. Typically, for Candidates not offered a position with A-dec, or Candidates who reject a position offered by A-dec, we will keep Employment Data no longer than is allowed under applicable law. For more information about applicable retention periods please contact us at firstname.lastname@example.org.
Where Does A-dec Store Employment Data?
A-dec has a central Human Resources team located in Newberg, Oregon USA. However, there are Human Resources teams in local offices (e.g., United Kingdom) that are primarily supported by third party consultant teams and their own human resources information systems ("HRIS") (to learn more about the systems used by each office, please contact us at email@example.com). Employment Data, such as performance records, may be shared between A-dec Human Resources teams in different regions as may be necessary to manage our employees. Generally, however, Employment Data will be stored within the applicable local region with a third party provider.
Although the primary system for managing Employment Data will be the HRIS in each region, it is not the only system or tool used. Departments or managers in local offices around the globe may also use files, spreadsheets and access databases to manage and store personal data. For Candidates and Employees in the EEA, Switzerland and the United Kingdom, please be aware that your Employment Data may be processed, transferred to and stored in countries which are outside of the EEA, Switzerland and the UK and which may have less strict or no data protection laws compared with those in Europe.
Regardless of where Employment Data is processed or stored, when we transfer Employment Data, including to locations outside the EEA, Switzerland and the United Kingdom, we take steps to make sure that appropriate safeguards are in place to protect your Employment Data and to make sure it is treated securely, in compliance with applicable law, and in accordance with this Notice.
A-dec strives to implement appropriate technical and organizational measures and enter into contractual agreements with third-party service providers to protect and secure your Employment Data against loss, alteration, or unauthorized access. Access to your Employment Data is strictly controlled through implementation of system security within our network and our systems. Access to Employment Data is limited to A-dec human resources professionals and other A-dec Employees who have a need to access the information to perform their jobs.
Exercising Your Rights
Depending upon where you reside, you may have the right to withdraw consent to sharing your Employment Data (where our receipt of that information was based upon your consent), or to request access to, or correction or erasure of, the Employment Data A-dec holds about you. You may also have the right to request that your personal data be provided to you or a third party in a machine-readable, portable format free of charge. You may also have the right to restrict or object to certain types of processing of your Employment Data and to lodge a complaint to a supervisory authority. You may also have the right to request a copy of the safeguards we have put in place to protect your Employment Data.
Any request to exercise one of the above rights will be assessed by A-dec on a case-by-case basis. We will comply with such request without undue delay and in any case in accordance with the applicable laws. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
To exercise your rights please submit a Personal Data Access Request or email firstname.lastname@example.org and include "Data Subject Access Request" in the subject line. Please note that we may need additional information from you (e.g., to verify your identity) prior to providing you with access to personal data.
Employee Compliance Line
A-dec Employees are encouraged to report concerns related to finance, accounting, antibribery and auditing matters and other matters permitted by applicable law, through in-person channels such as their manager, a member of management, the Human Resources or Legal Departments, Internal Audit, or their Employee representative (if applicable). Where Employees feel unable to report these issues through in-person channels, they are encouraged to use A-dec's Ethics and Compliance Line (which is administered by a third party provider located in the United States, NAVEX Global). Reports may be made by phone or online via the reporting tool. Although anonymous reporting is available, we encourage all Employees who make reports to provide their identity so that we may contact you directly to better understand your concerns and to allow us to conduct a prompt and thorough review of your concern. We do not tolerate retaliation against anyone who raises a compliance concern in good faith or participates in an internal investigation. Please note that strict rules govern when reports may be submitted through our Ethics and Compliance Hotline, what types of violations may be reported, and how any such reports (including any personal data contained within them) must be protected. For more information, please see our Code of Business Conduct and Ethics.
Updates To This Privacy Notice
We reserve the right to modify this Notice at any time, so please review it frequently. If we make material changes to this Notice, we will notify you here or by e-mail.
Candidates and Employees can raise any issue regarding this Notice or the treatment of their Employment Data by emailing email@example.com. If the Candidate or Employee cannot resolve their issue directly with A-dec, they may contact their local data protection authority for further information:
EU residents: Data Protection Authorities
UK residents: Information Commissioner's Office
Swiss residents: Federal Data Protection and Information Commissioner
U.S. residents: Federal Trade Commission