Privacy Statement – Candidates Data

Updated [23 May 2018]

1.    INTRODUCTION

This is SHV’s Privacy Statement for processing personal data of candidates or job applicants of SHV Holdings N.V., Rijnkade 1, 3511 LC Utrecht, The Netherlands and/or its Groups, hereafter SHV, we or us.. The primary purpose of this privacy statement is to inform you. We want you to feel secure when applying for a job at SHV and are committed to maintaining your privacy when doing so.  This privacy statement may be changed over time. The most up-to-date privacy statement is published on our website. This privacy statement was last changed on 23 May 2018. This privacy statement does not address the processing of personal data of employees in the context of their employment relationship with SHV.

2.    WHEN DOES THIS PRIVACY STATEMENT APPLY?

This Privacy Statement is applicable to SHV’s processing of all personal data of potential candidates or job applicants (candidates) processed in relation to our recruitment activities.

3.    FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

3.1    Social networks, such as LinkedIn, and other publicly available websites We might collect your personal data from public profiles on LinkedIn or other social networks and other publicly-available websites if you reacted to the SHV’s recruitment initiatives on such social networks and websites, or signed up via integrated functionality of such social networks, recruitment websites or our own websites. We also collect your personal data from such sources when you provided a link to your profile on any such site as part of your job application or curriculum vitae submitted with your job application. We may also obtain your contact details from publicly available sources, including content that you have made public on LinkedIn or other social network sites or similar sites for professional purposes to make an initial contact with you for recruitment purposes. We will only contact you if you have made your contact details available to SHV to contact you for recruitment purposes and will provide you with clear option to ask us stop contacting you for career opportunities and remove your personal data from our systems.

For this purpose, we process your personal data based on our legitimate interest.

We process your personal data to find suitable candidates for vacancies at SHV.

Which personal data do we process for this purpose? For this purpose, we process the personal data you have made public through your public profiles on LinkedIn or other social networks and any correspondence between you and our recruiters. This includes your name, contact details if made available, current and past job titles, employment history, educational information, skills, recommendations, and curriculum vitae if you made it available.  We will not retain your personal data for longer than necessary. For this purpose, your personal data will be retained for as long as the purpose for which we collected it continues, unless a longer retention period is necessary to comply with legal requirements or protect our interests. If you applied for job and was unsuccessful or if you indicated that you are interested in future job opportunities, SHV may retain your personal data for a period of 1 month from our final communication to you for future job opportunities. After this period, your personal data will be deleted from our systems.

3.2    If you apply to us through SHV careers website , we process your personal data:

(a)    To receive, review and reply to your job application If you contact one of our recruiters, apply for a vacancy or register through SHV careers website at shv.nl, we include the personal data you provide us in our recruitment database. Also, we will process your personal data to manage and update our recruitment database. We process your personal data for this purpose as a preparatory step to possibly entering into an employment contract with you. You are not obliged to provide us with any personal data for this purpose. However, if we don’t receive sufficient information from you to consider your eligibility and to communicate with you, we won’t be able to consider you for a role at SHV.

Which personal data do we process for this purpose?

For this purpose, we process your name, contact details, address (optional) country of residence, citizenship status, the role you apply for, and any recruitment information you provide to us, such as a link to your public social media account (for instance, LinkedIn) (optional), your curriculum vitae, employment history, education history, skills, motivation, gender (optional), disability (optional), current compensation, and whether you are subject to a non-solicitation agreement. Also, we process your correspondence with SHV with regard to job applications. We will not retain your personal data for longer than necessary. We will retain your personal data for this purpose as long as the application procedure for this position is not completed, unless a longer retention period is necessary to comply with legal requirements or protect our interests. If you applied for job and was unsuccessful, SHV may retain your personal data for a period of 1 month from our final communication to you.

(b)    To verify your job application information, we might check your references and assess your suitability for the role you applied for.

Depending on the role you apply for, the job application process might include virtual or phone interviews, on site interviews, a language test, system screens or coding interviews to screen your fit for the job and SHV’s culture. We will process your personal data to manage and execute this process and process the feedback received about you. SHV will inform you about the specific job application process for the role you applied for. In addition, our recruiters might check your references. We process your personal data for this purpose as a preparatory step to possibly entering into an employment contract with you. You are not obliged to take part in any element of the job application process or otherwise provide us with any personal data for this purpose. However, if you do not engage in our job application process, we are not able to consider you for a role at SHV. Which personal data do we process for this purpose? For this purpose, we process the information you provided to us following 3.2(a), feedback received from the interviewers who spoke with you, the outcomes of any test you completed and any communications between us.  We will not retain your personal data for longer than necessary. For this purpose, your personal data will be retained for a period of 1 month from our final communication to you.  After this period, your personal data will be deleted from our systems.

3.3    If you have been rejected for a particular role at SHV, we process your personal data to inform you and communicate with you about vacancies that you may be interested in if you choose to.

What does this purpose entail? Sometimes, we just do not have the right role available for you yet. If you choose, we will keep information about you in our database and contact you if we have a new vacancy that may be of interest to you. We may also invite you for recruitment activities or communicate with you about job opportunities.  For this purpose, we process your personal data based on your consent. If you give us your consent to process your personal data for this purpose, you have the right to withdraw your consent at any time by sending an e-mail at humanresourches@shv.nl. Please note that this will not affect the lawfulness of any processing based on your consent before the withdrawal.

Which personal data do we process for this purpose? For this purpose, we process your contact details (such as your address and email address), the information you submitted to us in the course of previous job applications (for example, your resume) and a summary of how you performed during previous job applications with us.  We will not retain your personal data for longer than necessary. Your personal data will be retained for a period of 1 month from our final communication to you, unless you gave us permission to keep your data for a longer period in order to match your skills with future job opportunities with SHV. In this case we will keep your data for a period of 12 months in our Recruitment database for this purpose. After this period, your personal data will be deleted from our systems.

3.4    To comply with the law

In some cases, SHV processes your personal data to comply with the laws and regulations in all countries where SHV is operating or conducting recruitment processes. For example, human resources related obligations, employment laws, anti-discrimination laws or regulations related to subsidies. Following laws and regulations, we may need to disclose your personal data to government institutions or supervisory authorities. For this purpose, we process your personal data to comply with the law. We will only process your personal data if there is a legal obligation for us to do so.

Which personal data do we process for this purpose?

For this purpose, we process only the personal data required to comply with our specific legal obligations. We do not retain your personal data for longer than necessary. For this purpose, your personal data will be retained for a period of 1 month from our final communication to you. After this period, your personal data will be deleted from our systems.

4.    WHO HAS ACCESS TO YOUR PERSONAL DATA?

4.1    Access to your personal data within SHV

Your personal data can be accessed by relevant SHV departments such as recruiters, hiring managers, SHV employees directly involved in your job application process or other HR functions involved, and legal, compliance, data protection or integrity officers to the extent strictly necessary to fulfil their respective tasks. If your application indicates interest in working internationally, we may provide your personal data to our global affiliates, in connection with possible opportunities at those affiliates. If SHV employs you within any of its affiliates, it will retain your personal data and may use it and disclose it to others for personnel, administrative, or other purposes related to your job application or employment with SHV.

4.2    Access to your personal data by third parties

The following third parties have access to your personal data where relevant for the provisioning of their products or services to SHV:

• Recruitment and selection agencies
• IT suppliers

We may also provide your personal data to federal, state, local, or other government agencies that have jurisdiction over matters related to employment. SHV will not provide your personal data to other third parties unless it is required to do so by a valid court order, governmental agency order or information request, or unless it has a legitimate business purpose for doing so and the third party agrees to similar restrictions on disclosure and use of your personal data.

4.3    The use of your personal data by data processors When a third party processes your personal data solely following SHV’s instructions, it acts as a data processor.  We enter into an agreement with such a data processor concerning the processing of personal data.  In this agreement we include, at a minimum, the following obligations to safeguard that your personal data are solely provided to the data processor to provide services to us:

• the Third Party Processor shall Process Employee Data only in accordance with SHV’s documented instructions and for the purposes authorised by SHV;
• the Processor shall, and have persons it authorises to Process Employee Data, keep the Employee Data confidential;
• the Processor shall take appropriate technical, physical and organisational security measures to protect the Employee Data;
• the Third Party Processor shall not permit subcontractors and affiliates to Process Employee Data in connection with its obligations to SHV without the prior written consent of SHV;
• the Third Party Processor shall ensure that its subcontractors and affiliates abide by a level of data protection no less protective than the obligations as set out in the contract with SHV;
• SHV may review the security measures taken by the Third Party Processor and the Third Party Processor shall submit its relevant data processing facilities to audits and inspections by SHV, a Third Party on behalf of SHV or any relevant government authority;
• the Third Party Processor shall promptly inform SHV of any actual or suspected security breach involving Employee Data;
• the Third Party Processor shall take adequate remedial measures as soon as possible and shall promptly provide SHV with all relevant information and assistance as requested by SHV regarding the security breach; and
• at the choice of SHV, the Third Party Processor shall delete or return all Employee Data to SHV at the end of the provision of services relating to the processing of Employee Data, and shall delete all copies of the Employee Data, unless storing the Employee Data is required by applicable law.

5.    HOW ARE YOUR PERSONAL DATA SECURED?

SHV has taken adequate safeguards to ensure the confidentiality and security of your personal data.  SHV has implemented appropriate technical, physical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection) or further processing consistent with applicable data protection and privacy laws. For example, when we share your personal data with external suppliers, we may put in place a written agreement which commits the suppliers to keep your information confidential, and to put in place appropriate security measures to keep your information secure.

6.    YOUR RIGHTS

Under applicable data protection and privacy laws, you may have rights to:

• Access your personal data: You may ask us whether we process any personal data that relates to you. If this is the case, you may ask us to provide you with a copy of the personal data we process of you insofar as required by applicable data protection laws.
• Correct and erase your personal data: You may request us to correct any inaccurate personal data we process of you. Also, you may ask us to erase the personal data that relate to you if they are no longer necessary for the purposes for which we processed them, if you have withdrawn your consent and we do not have another legal ground for processing your personal data, if your personal data have been unlawfully processed, if your personal data have to be erased following applicable EU or EU member state laws, or if it concerns a child’s personal data processed in relation to offering information society services.
• Request the restriction of processing: You may request the restriction of the processing of your personal data if you have contested the accuracy thereof, if the processing is unlawful and you prefer restriction over erasure, if we no longer need your personal data for a purpose but you need them for the establishment, exercise or defence of legal claims, or while your exercised your right to object is being reviewed.
• Object to processing your personal data: You may object to our processing of your personal data based on our legitimate interest. We will then no longer process your personal data for this purpose, unless we have an overriding legitimate interest to do so. You may also ask us to erase your personal data, unless there is an overriding legitimate interest for the processing. You may also opt out from processing your personal data for direct marketing purposes.
• Withdraw your consent to processing your personal data: You may withdraw your consent to the processing of your personal data (where SHV is processing your personal information based on your consent).
• Data portability: You may request receipt or transmission to another organisation, in a machine-readable form, of the personal information that you have provided to SHV.
• Lodge a complaint with supervisory authority: If you feel that we do not comply with the applicable privacy laws, you have the right to lodge a complaint with your local supervisory authority.

7.    CONTACT INFORMATION

If you have any questions regarding the processing of your personal data, send a request relating to any of your data protection rights, please contact the Corporate Privacy Officer at privacy@shv.nl.