Privacy Notice for WorkForce Software employees

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 related to its employees to manage the employment relationship. We are committed to being transparent about how we collect and use that data and about 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 Officer (DPO) provides advice and guidance around our General Data Protection Regulation Compliance. Generally, questions you may have around privacy should be first sent 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?

We collect and process a range of information about you. This includes:

  • your name, address and contact details, including email address and telephone number, date of birth and gender;
  • the terms and conditions of your employment;
  • details of your qualifications, skills, experience and employment history;
  • information about your remuneration and entitlement to benefits;
  • details of your bank account and Social Security number (US), Social Insurance Number (Canada), National Insurance Number (UK), Tax File Number (Australia), or equivalent if you are in a different country;
  • information about your marital status, next of kin, dependents and emergency contacts;
  • information about your nationality and entitlement to work in a country;
  • information from employment background check providers and information from criminal records checks as permitted by law
  • information from drug testing (United States and Canada only)
  • details of your schedule (days of work and working hours) and attendance at work;
  • details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
  • details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
  • assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
  • information about medical or health conditions, including whether you have a disability for which we need to make reasonable adjustments; and
  • equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief, if required by law.

We collect this information in a variety of ways. For example, data is collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driver’s license; from forms completed by you at the start of or during employment (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.

Data is stored in a range of different places, including in your personnel file, in HR’s management systems and in other IT systems (including our email system).

Why do we process personal data?

We require your personal data to fulfill obligations under our employment contract with you. For example, we need personal information to pay you and to administer benefits.

In some cases, we need your data to ensure we are complying with a legal obligation. For example, we are required to check an employee’s entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.

We have a legitimate interest in carrying out criminal records checks to ensure that individuals are permitted to undertake the role in question; many contracts with our customers require these background checks as well. We also perform drug testing of US and Canadian employees.

In other cases, we have a legitimate interest in processing your personal data before, during and after the end of the employment relationship. These interests include:

  • maintaining accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
  • operating and maintaining a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
  • operating and keeping a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
  • operating and keeping a record of absence and maintaining absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
  • recording time spent working on customer projects so we can invoice the customer;
  • obtaining occupational health advice to ensure that it complies with duties in relation to individuals with disabilities;
  • operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
  • Provide credit cards and travel services to help us manage expenses;
  • ensure effective general HR and business administration;
  • provide references on request for current or former employees;
  • respond to and defend against legal claims; and
  • maintain and promote equality in the workplace.

We also have legitimate interests in protecting the personal data of employees, partners, and customers; intellectual property, confidential company information, and physical items.

  • We use CCTV at entrances to offices to deter and detect potential security violations;
  • We use automated software to scan email and network traffic for viruses and malware;
  • We use automated software to scan the network and communications like email for unauthorized data transfers or for insecure data transfers.

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.

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).

Where we process other special categories of personal data, such as information about ethnic origin or health, this is done for the purposes of equal opportunities monitoring, as required by law.

If we collect data that is not required in the performance of a contract, for compliance with a legal obligation, or for a legitimate interest, we will ask for consent first. You may withdraw your consent at any time.

Who has access to your data?

Your information will be shared internally, including with members of the HR and recruitment team (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.

We have a legitimate interest to share your data with third parties to obtain pre-employment references from other employers, obtain employment background checks, and obtain necessary criminal records checks. We may also share your data with third parties in the context of a sale of some or all of our business. In those circumstances the data will be subject to confidentiality arrangements.

We also use third parties to run payroll, who provide tools to help us manage employees, to manage travel and expenses, to provision benefits, and to provision occupational health services.

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.

Your personal information may be transferred out of your home country. For example, we store and process much of your 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).

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 do we 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, contract, are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of your data. We are responsible for any data that is transferred to third parties.

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

How long does we keep your data?

We hold your personal information for five (5) years (US, Canada, UK) or seven (7) years (Australia) after you leave our company. These time periods are required by labor regulations.

Your rights

You have several privacy rights. You can:

  • access and obtain a copy of your data within one month 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 we rely on legitimate interests as the legal ground for processing; and
  • ask us to stop processing data for a period if data is inaccurate, or there is a dispute about whether your interests override the company’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?

If you don’t provide us the required personal information, we may not be able to pay you or provide you benefits or rights under employment law, and may not be able to effectively manage our relationship with you.

Do we use automated decision-making?

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

What do I do if I have a dispute?

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.

WorkForce Software commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

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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