Privacy Notice for people applying for a career with WorkForce Software

Effective: 10 September 2018

About us (the “Data Controller”)

WorkForce Software, LLC
38705 Seven Mile Road, Suite 300
Livonia, MI 48393
United States of America
+1‐877‐493‐6723
privacy@workforcesoftware.com

…including subsidiaries:

WorkForce Software Limited
Precedent Drive, Rooksley
Milton Keynes, Buckinghamshire MK13 8PP
United Kingdom
+44‐1908‐242‐042
privacy@workforcesoftware.com

WFS Australia: A WorkForce Software Company
Level 4, 69 Regent Street
Chippendale, NSW 2008
Australia
+61‐2‐8399‐1688
privacy@workforcesoftware.com

WorkForce Software collects and processes personal data when you apply for a career with WorkForce Software. We are committed to being transparent about how we collect and use that data and to meeting our data protection obligations.

Data Protection Officer

We have contracted with IT Governance in the UK for Data Protection Officer Services. The Data Protection Office (DPO) provides advice and guidance around our General Data Protection Regulation Compliance. Generally, questions you may have around privacy should be sent first to privacy@workforcesoftware.com and we will escalate to the DPO as necessary. Our Data Protection Officer is:

Colin Currie
IT Governance Ltd
Unit 3 Clive Court
Bartholomews Walk
Cambridgeshire Business Park
Ely
Cambridgeshire
CB7 4EA
dpoaas@itgovernance.co.uk
+44 (0) 333 800 7000

What information do we collect?

Our online recruiting system collects details about you to aid in the hiring process. Information we collect may include:

  • Your name
  • Your email address, mailing address, and primary phone number
  • The name and address of your current employer
  • Names, contact information, and addresses for previous employers
  • Information about your level of work experience and level of education
  • The type of job you are looking for, desired salary, and data of availability
  • Whether you are available for relocation if hired
  • Whether you are legally allowed to work in a country without sponsorship
  • How you heard about the open position
  • Your prior history, if any, of applying and/or interviewing for WorkForce Software positions
  • Additional questions specific to the requisition

We may collect this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including online tests or psychometrics.

If we offer you a position, we have a legitimate interest to collect personal data about you from third parties, such as references supplied by former employers and information from employment background check providers where necessary. We will also require a drug test if you accept a position in North American. We will seek information from third parties only at the point a job offer has been made to you and we will confirm that we are doing so.

Why do we process personal data?

We use your personal information to determine your eligibility for specific career positions, for related positions, to notify you of future job openings and hiring events, and to communicate with you through the hiring process.  We only collect and use this information based on your consent. That consent may be withdrawn at any time.

We may need your personal data to ensure compliance with our legal obligations. For example, we may be required to check a successful applicant’s eligibility to work in the UK before employment starts.

We have a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond to and defend against legal claims.

We may process information about whether applicants are disabled to make reasonable adjustments for candidates who have a disability. This is to carry out our obligations and exercise specific rights in relation to employment.

If you accept a position with us, we will perform a background check that includes seeking information on criminal convictions and offences. In North America, we also perform drug testing. We have a legitimate interest in using this information to comply with contracts with our customers and for confirming your suitability to the position.

We will not use your data for any purpose other than the recruitment exercise for which you have applied.

Where we rely on legitimate interests as a reason for processing your data, we considered whether those interests are overridden by the rights and freedoms of you and other workers and have concluded that they are not.

Who has access to your data?

Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy and IT staff if access to the data is necessary for the performance of their roles. We may share Personal Data you submit on our Careers site with contractors who assist hiring managers in processing employment applications.

We also contract with third-parties (“Data Processors”) to manage your personal information. We only use third-parties who will process strictly according to our instructions and in a manner that secures the confidentiality, integrity and availability your personal data. We are responsible for any data that is transferred to third parties.

Your personal information may be transferred out of your home country. For example, we store all recruiting-related personal information in the United States. Data is transferred outside the EEA on the basis of declaration of adequacy, or other safeguards (e.g., the Standard Contractual Clauses or EU-US Privacy Shield Certification). You may request more details about those safeguards by sending an email to privacy@workforcesoftware.com).

We may share your personal information with law enforcement officials, government authorities, or other third parties as necessary to comply with legal processes or to meet national security requirements; protect the rights, property, or safety of WorkForce Software, its business partners, you, or others; or as otherwise required by applicable law.

WorkForce Software is subject to the investigatory and enforcement powers of the FTC, the Department of Transportation, or any other U.S. authorized statutory body, and is required to disclose personal information in response to lawful requests by public authorities to meet national security or law enforcement requirements.

How does the organization protect your data?

We have internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.

Where we engage third parties, they process your data based on written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of data.

You may request more details about those safeguards by sending an email to privacy@workforcesoftware.com).

How long does the organization keep your data?

We will delete your personal information after one year of inactivity on your account (e.g., you have not contacted us, or we have not contacted you about a specific career opportunity).

Your rights

You have several privacy rights. You can:

  • access and obtain a copy of your data within one month of receipt of a written request and free of charge;
  • require us to change incorrect or incomplete data;
  • require us to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
  • object to the processing of your data where the organization is relying on its legitimate interests as the legal ground for processing; and
  • ask the organization to stop processing data for a period if data is inaccurate, processing is found to be unlawful and you object to your data being deleted, your data is no longer needed for processing or there is a dispute about whether or not your interests override the organization’s legitimate grounds for processing data.
  • provide a copy of your data to you in an industry-standard format.

If you would like to exercise any of these rights, or if you have any questions or issues, please contact

Privacy Officer
WorkForce Software, LLC
38705 Seven Mile Road, Suite 300
Livonia, MI 48152
United States of America
+1‐877‐493‐6723
privacy@workforcesoftware.com

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.

Automated decision-making

Career-related decisions are not based solely on automated decision-making.

Dispute resolution

If you believe we have not complied with your data protection rights, please contact

Privacy Officer
WorkForce Software, LLC
38705 Seven Mile Road, Suite 300
Livonia, MI 48152
United States of America
+1‐877‐493‐6723
privacy@workforcesoftware.com

If the Privacy Officer is not able to provide a satisfactory response, you may escalate to:

People in the European Economic Area (EEA)

Supervisory Authority: You may seek resolution by contacting the Supervisory Authority in your country or our lead Supervisory Authority:

The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow – Cheshire SK9 5AF
Phone: +44 1625 545 745
Email: international.team@ico.org.uk

Privacy Shield: You may also seek resolution through Privacy Shield. WorkForce Software complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  WorkForce Software has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ and WorkForce Software U-US Privacy Shield Certification.

In compliance with the Privacy Shield Principles, WorkForce Software commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact:

Privacy Officer
WorkForce Software, LLC
38705 Seven Mile Road, Suite 300
Livonia, MI 48152
United States of America
+1‐877‐493‐6723
privacy@workforcesoftware.com

WorkForce Software has further committed to refer unresolved Privacy Shield complaints to International Centre for Dispute Resolution, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://go.adr.org/privacyshield.html for more information or to file a complaint (http://go.adr.org/rs/294-SFS-516/images/PrivacyShield_Notice_of_Arbitration.pdf).  The services of International Centre for Dispute Resolution are provided at no cost to you. Under certain conditions, you may invoke binding arbitration.

People who are not in the European Economic Area

Disputes that cannot be resolved between WorkForce Software and you will be handled, free of charge, in accordance with applicable dispute resolution procedures through the American Arbitration Association, which are available for review at http://go.adr.org/privacyshield.html.

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