Last Updated: Oct 27, 2024
Drivenets is committed to protecting the privacy and security of your Personal Data.
This privacy notice describes how we collect and use Personal Data about you during and after your working relationship with us, in accordance with applicable law, for example, the Israeli Protection of Privacy Law 1981 (the “IS Privacy Law”) and EU General Data Protection Regulation (the “GDPR”). DriveNets Ltd, Drivenets Inc., Drivenets UK Limited, Drivenets Germany GmbH, Drivenets India Private Limited, 14623835 CANADA INC., Nihon Drivenets K.K or any other relevant company of Drivenets’ group identified in your employment contract (“Company”, “DriveNets”, “we”, “us”, “our”) will be the “data controller” of your Personal Data. This means that we are responsible for deciding the means and purposes of how we hold and use personal information about you. In certain circumstances, the Drivenets entity identified in your employment contract may share your Persona Data with other entities of the group. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. We are required under data protection legislation to notify you of the information
This notice applies to our employees, workers and self‐employed contractors and candidates. It does not form part of any contract of employment or other contract to provide services and we may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions whilst we are collecting or processing Personal Data about you, so that you are aware of how and why we are using such data.
Important note: Nothing in this privacy notice is intended to limit in any way your statutory rights, including your rights to any remedy or means of enforcement.
1. HOW IS YOUR PERSONAL DATA COLLECTED
- We collect Personal Data about employees, workers, self‐employed contractors and candidates through the application and recruitment process, either directly from candidates or, insofar as legally permissible, from an employment agency or background check provider.
- We also collect Personal Data from relevant regulatory authorities.
- We will collect additional Personal Data in the course of job‐related activities throughout the period of you working for us, either from you or, as far as permissible from your managers, colleagues and/or our customers and/or other permissible sources.
- When we refer to data processing (or certain types of processing in this privacy notice), we always mean such data processing to the extent necessary and legally permissible under the applicable local laws (including involvement of employee representatives, as well as compliance with agreements with such employee representatives).
2. WHAT PERSONAL DATA WE COLLECT AND FOR WHAT PURPOSES
The situations in which we will process your Personal Data are listed below. We need these categories of Personal Data primarily to allow us to perform our contract with you, manage our HR department and to enable us to comply with legal obligations. In some cases we may use your Personal Data where it is necessary for legitimate interests pursued by us or a third party, provided your interests and fundamental rights do not override those interests. We have indicated in the table below the purpose or purposes for which we are processing or will process your Personal Data, including special categories of Personal Data, as well as providing a description of which categories of data are involved. Where a legitimate interest is involved, we state what the legitimate interest is. We process Personal Data about you that can cause you to be identified including (but not limited to) the following purposes, to the extent permitted by law:
| Purpose for which we process your Personal Data | Types of Personal Data which may be processed | Lawful basis for processing (EU/UK GDPR only) | |
| 1 |
Making a decision about your recruitment or appointment Determining the terms of an offer of employment Checking that you are legally entitled to work in the country of employment |
Personal contact details such as full name, title, date of birth, addresses, telephone numbers, and personal email addresses; recruitment information (including copies of right to work documentation, references, background checks and credit checks (in both cases, only where required and permissible under local law), internet searches, academic studies and achievements including documents, grades and information about academic research (only where required and permissible by local law), and other information included in a CV or cover letter or as part of the application process). |
To ensure we select the best candidates for employment based on their experience and ability (applying GDPR Art 6.1f – a legitimate interest) |
|
2 |
Determining the terms on which you work for us |
Location of employment or workplace; recruitment information (including copies of right to work documentation, references, credit checks, internet searches, academic studies and achievements including documents, grades and information about academic research, and other information included in a CV or cover letter or as part of the application process). |
To ensure that we provide a contract of employment with all appropriate and necessary terms (applying GDPR Art 6.1f – a legitimate interest) |
| 3 | Checking you are legally entitled to work in the relevant country | Copy of passport, driving license or other type of identification document; immigration status and documents reflecting this; recruitment information (including copies of right to work documentation, references, credit checks, internet searches, and other information included in a CV or cover letter or as part of the application process). | To comply with a legal obligation to ensure a candidate has the lawful right to work (applying GDPR Art 6.1c‐ compliance with a legal obligation) |
| 4 | Providing information about directors to the local company’s registry. | Copy of passport, driving license or other type of identification document (or the information contained within it, to the extent permitted by local law). |
To comply with our legal obligations in the registration and maintenance of company registers (applying GDPR Art 6.1 compliance with a legal obligation) |
| 5 | Paying you and, if you are an employee, deducting tax and National Insurance contributions | Personal contact details such as name, title, addresses, telephone numbers, and personal and professional email addresses, date of birth, place and country of birth, gender, marital status and dependants; emergency contacts; name of the partner, date of birth of the partner, wedding date or date of official cohabitation, professional situation of the partner; number of children, Number of children dependent, Number of children with disability, names of children, date of birth of children; national insurance number; bank account details, payroll records and tax status information; salary, annual leave, pension, health insurance and benefits information; start date; seniority start date; location of employment or workplace; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); education level; benefits eligibility; compensation history and copy of passport, driving license or other type of identification document (if required). |
To allow us to perform our contract with you. |
| 6 | Liaising with your pension provider | Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses, date of birth, gender, marital status and dependants; national insurance number; bank account details, payroll records and tax status information; salary, annual leave, pension, health insurance and benefits information; start date; location of employment or workplace; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history. | To comply with our legal obligations as an employer and to comply with our obligations to the pensions regulator (applying GDPR Art 6.1c‐ compliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) |
| 7 | Administering the contract we have entered into with you | Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses; salary, annual leave, pension, health insurance and benefits information; start date; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); point of contact; and compensation history. | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) |
| 8 | Conducting performance reviews, managing performance and determining performance requirements | Performance information and disciplinary and grievance information. | To comply with our legal obligations to following fair and transparent process and not to unfairly dismiss (applying GDPR Art 6.1c‐ compliance with a legal obligation) To manage performance and ensure internal policies are complied with (applying GDPR Art 6.1f – a legitimate interest) |
| 9 | Making decisions about salary reviews and compensation | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history; performance information and disciplinary and grievance information. | To determine and keep under review appropriate salary and compensation levels (applying GDPR Art 6.1f – a legitimate interest) |
| 10 | Making decisions about your continued employment or engagement and/or for the termination of our working relationship | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history; performance information; disciplinary and grievance information and photographs. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) The management of our workforce and/or to terminate your employment in compliance with your employment contract and applicable laws, whether instigated by us or you (applying GDPR Art 6.1f – a legitimate interest ) |
| 11 | Education, training and development requirements | Name, professional email address, mobile phone number, performance information, training records and professional memberships. | To develop the skills and abilities of our staff (applying GDPR Art 6.1f – a legitimate interest) |
| 12 | Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work | Full name; address; date of birth; place and country of birth; nationality; ID number; mobile phone number; personal e‐mail address; professional e‐mail address; bank account; marital status; name of the partner; hire date; start date; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships; salary related data; seniority start date, gender; number of children; performance information disciplinary’ grievance information; point of contact; and photographs). | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To protect the interests of the Company and defend itself in legal proceedings, to protect the reputation of the company (applying GDPR Art 6.1f – a legitimate interest) |
| 13 | Managing family related leaves | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); name of children; birth date of children. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our internal policies, to manage staffing levels and adequate resourcing, to maintain records of statutory sick pay, statutory maternity, paternity, shared parental and adoption pay (applying GDPR Art 6.1f – a legitimate interest) |
| 14 | Complying with health and safety obligations and obligations under equality legislation | Name, professional e‐mail address, date of birth; gender; marital status and dependants; salary, annual leave, pension, health insurance and benefits information; and employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships). | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) For the assessment of the working capacity of the employee or medical diagnosis (applying GDPR Art 6.1f – a legitimate interest) |
| 15 | Monitoring your use of our data and communication systems to ensure compliance with our IT policies | Information about your use of our information and communications systems. | To protect our proprietary and commercially sensitive information and to comply with our confidentiality obligations to our clients and customers, to ensure compliance with our IT policies (applying GDPR Art 6.1f – a legitimate interest) |
| 16 | Ensuring network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution | Information about your use of our information and communications systems. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) To ensure the security of our systems, to protect our proprietary and commercially sensitive information and to comply with our confidentiality obligations to our clients and customers, to ensure compliance with our IT policies (applying GDPR Art 6.1f – a legitimate interest ) |
| 17 | Conducting data analytics studies to review and better understand employee retention and attrition rates | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); and performance information. | To understand employee retention and attrition rates and develop effective methods of retaining and rewarding talent (applying GDPR Art 6.1f – a legitimate interest) |
| 18 | For purposes of HR – Welfare events, grouping, including, to post your service anniversary and birthday | First name, last name, location and birthday and month location of work and the number of years with the company, food preferences / restrictions, t‐shirt size and birth date of children, home address, phone number. | To match food and gifts to employees’ preferences, recognise and reward loyalty and generally create a positive employee experience (applying GDPR Art 6.1f – a legitimate interest) |
| 19 | Business travel (e.g., air travel) | Name, copy of passport, driving licence or other type of identification document (or the information contained within it, to the extent permitted by local law), address, date of birth, place of birth, professional e‐mail address. | To handle business travel and order flight tickets, rental car, etc (applying GDPR Art 6.1f – a legitimate interest) |
| 20 | Ascertaining your fitness to work, ensuring your health and safety in the workplace and assessing your fitness to work, providing appropriate workplace adjustments, monitoring and managing sickness absence, administering benefits. | Data about your health, including any medical condition, health and sickness records (to the extent permissible by local law). | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation). To comply with our internal policies relating to sickness absence management, to manage staffing levels and adequate resourcing, to administer statutory sick pay (applying GDPR Art 6.1f – a legitimate interest ) For the assessment of the working capacity of the employee or medical diagnosis (applying GDPR Article 9 .2b) For reasons of public interest in the area of public health, such as protecting against serious cross‐border threats to health or ensuring high standards of quality and safety of health care (applying GDPR Article 9 .2b) |
| 21 | To comply with any employment law obligations relating to trade union membership | Data about trade union membership including potential capacity as (candidate) employee representative in any representation body (only to the extent permissible under local law). | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) If applicable, the appropriate legal basis for processing such special categories of personal data under Article 9 GDPR: processing is necessary for the purposes of carrying out the obligations and exercising specific rights in the field of employment law. |
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. Personal Information does not include data where your identity has been removed and you cannot be identified (i.e. anonymized data).
3. IF YOU FAIL TO PROVIDE PERSONAL DATA
3.1 If you fail to provide the data requested, we may not be able to perform our contractual obligations with you or we may be prevented from complying with our legal obligations (e.g., to ensure the health and safety of our workers). In such circumstances, we may not be able to perform your employment contract and we may have to consider our ability to continue your employment or complete your recruitment.
4. CRIMINAL CONVICTIONS
4.1. We use information relating to criminal convictions only where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations.
4.2. We do not envisage that we will hold information about criminal convictions. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so or we may be notified of such information directly by you in the course of you working for us.
5. AUTOMATED DECISION MAKING
5.1. You will not be subject to decisions that will have a significant impact on you based solely on automated decision‐making, unless we have a lawful basis for doing so and we have notified you.
5.2. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
6. DATA SECURITY
6.1. We have in place appropriate technical and organizational measures and procedures to maintain the security of your Personal Data from the point of collection to the point of destruction, which meets the requirements of IS Privacy Law and regulations under it, depending on the sensitivity of the data and their scope. Your Personal Data will only be transferred or shared with a third party if they agree to comply with our procedures and policies or if they put in place their own adequate measures.
6.2. We will notify you of any security breach and any applicable regulator of a suspected breach where we are legally required to do so.
7. SHARING PERSONAL DATA
7.1 We share your Personal Data with third parties, including third‐party service providers(including contractors and designated agents) and the companies of Drivenets’ group (“Group”) (all together, “Third parties”). The following activities may be carried out by third‐party service providers: payroll, bookkeeping, accountant, controller, pension administration, benefits provision and administration, IT services, cloud hosting of employees’ data, insurance, survey vendors, assessment tools, amongst others. All third‐party service providers process your Personal Data as a data processor on behalf of the Company, which is the data controller. If you want to receive the list of the current recipients of your Personal Data, please make your request by contacting us at [email protected].
7.2. We will share your Personal Data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. In particular, we will need to share your Personal Information with other Group entities in other countries. It may also, from time to time, be necessary to share it with background check agencies or regulatory authorities in other jurisdictions.
7.3. We may share your Personal Data when we are defending or enforcing the legal rights of any Group company or the terms and conditions of any Group product or service and sharing the Personal Data with third parties, including, professional advisors, will be beneficial for our legal position.
7.4. We will share your Personal Data with other entities in the Group as part of our regular reporting activities (i.e. reporting periodically on the Groups’ activities and ongoing projects, some of which may include HR data on the number of employees, names of high level managers and their seniority within the Group and similar information). Drivenets may also share information on the integration work that is being conducted to integrate employees within the Group.
7.5. We may also share information on the Company’s performance, as part of sharing research and development and marketing data (as part of which we might collect contact details for representatives of potential customers or potential services providers), in the context of a business re‐organisation or Group restructuring exercise, a sale or acquisition process, for system maintenance support and hosting of data.
i. Transfers within the Group will be covered by an internal processing agreement entered into by members of the Group (an intra‐group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to. We will make sure that appropriate safeguards to protect your Personal Data, such as an appropriate contract with the recipient, are in place and that the transfer is necessary for one of the permissible reasons specified in data protection legislation.
ii. We will transfer the Personal Information we collect about you to Israel for the purposes set out above, including in order to perform our contract with you. There is an adequacy decision by the European Commission in respect of that country. This means that the country to which we transfer your data is deemed to provide an adequate level of protection for your personal information.
iii. We will transfer the Personal Information we collect about you to the United States and other third countries not declared as adequate for the purposes set out above but in order to maintain the security of your Personal Data, such transfers will be made only pursuant to the European Commission’s Standard Contractual Clauses.
iv. We may also transfer the Personal Information to our service providers within the EU, in which case we shall implement a data processing agreement with such service providers and ensure that such processing is made subject and in accordance with to our instructions only (including instructions to ensure compliance with agreements with employee representatives).
v. Access rights between the companies of the group members are limited and granted only on a need‐to‐know basis, depending on job functions and roles and will respect locally applicable restrictions due to potential agreements with employee representatives.
7.6. We may share your Personal Information with other third parties, for example in the context of a possible sale, restructuring or transfer of some or all of the business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third‐party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events. We may also need to share your personal information with a regulator or to otherwise comply with the law.
7.7. As part of the execution of your duties, it may be necessary to share your Personal Data with entities in which Drivenets invests or with entities which invest in Drivenets.
8. CHANGE OF PURPOSE
8.1 We will only use your Personal Data for the purposes for which it has been collected, unless we reasonably consider that we need to use it for another legal and compatible purpose. If this occurs, we will notify you and explain the legal basis which allows us to do so.
8.2. Please note that we only process your Personal Data without your knowledge or consent where this is required or permitted by law..
9. DATA RETENTION
9.1 We will retain your Personal Data for as long as necessary to fulfil the relevant purpose and comply with our legal obligations. To determine the appropriate retention period for Personal Data, we consider the amount, origin nature, and sensitivity of the confidential data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable local legal requirements as well employees’ interest in privacy.
9.2. In some circumstances, we may anonymize your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you. If it is no longer necessary for us to retain it we will securely destroy the information.
10. CHANGES TO YOUR PERSONAL DATA
10.1. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your working relationship with us.
11. YOUR RIGHTS IN CONNECTION WITH PERSONAL DATA
11.1. Under certain circumstances specified by law, you may have the right to:
- Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction/rectification of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing (see below).
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
- Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your Personal Information to another party (data portability).
11.2. If you want to review, verify, correct or request erasure of your Personal Information, object to the processing of your Personal Data, or request that we transfer a copy of your Personal Information to another party, please contact Human Resources in writing.
11.3. No fee usually required. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
11.4. What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
11.5. Right to withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the HR department. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law..
12. CONTACT DETAILS
12.1. If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact us at [email protected]. You have the right to lodge a complaint to your local supervisory authority.
Last Updated: Aug 27, 2023
Drivenets is committed to protecting the privacy and security of your Personal Data.
This privacy notice describes how we collect and use Personal Data about you during and after your working relationship with us, in accordance with applicable law, for example, EU General Data Protection Regulation (the “GDPR”) and the Israeli Protection of Privacy Law 1981 (the “IS Privacy Law”).
DriveNets Ltd, Drivenets Inc., Drivenets UK Limited, Drivenets Germany GmbH, Drivenets India Private Limited, 14623835 CANADA INC., Nihon Drivenets K.Kor any other relevant company of Drivenets’ group identified in your employment contract (“Company”, “Drivenets”, “we”, “us”, “our”) will be the “data controller” of your Personal Data. This means that we are responsible for deciding the means and purposes of how we hold and use personal information about you. In certain circumstances, the Drivenets entity identified in your employment contract may share your Persona Data with other entities of the group. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. We are required under data protection legislation to notify you of the information
This privacy policy (“Privacy Policy”) governs how we, DriveNets and our affiliates (together, “DriveNets” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the following use cases:
- When you browse or visit our website, www.drivenets.com (“Website”)
- When you make use of, or interact with, our Website: a. When you contact us through our Website b. When we process your job application c. When you sign up to download items, sign up to attend an online event (webinar)
- When you attend a marketing event and provide Personal Data
- When you exchange business cards with us
- When we acquire your Personal Data from third-party sources (such as lead-generation companies) (vi) When you interact with us on our social media profiles (such as Facebook, Instagram, Twitter, LinkedIn, etc)
We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.
This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.
This notice applies to our employees, workers and self‐employed contractors and candidates. It does not form part of any contract of employment or other contract to provide services and we may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions whilst we are collecting or processing Personal Data about you, so that you are aware of how and why we are using such data.
Important note: Nothing in this privacy notice is intended to limit in any way your statutory rights, including your rights to any remedy or means of enforcement.
1. HOW IS YOUR PERSONAL DATA COLLECTED
- We collect Personal Data about employees, workers, self‐employed contractors and candidates through the application and recruitment process, either directly from candidates or, insofar as legally permissible, from an employment agency or background check provider.
- We also collect Personal Data from relevant regulatory authorities.
- We will collect additional Personal Data in the course of job‐related activities throughout the period of you working for us, either from you or, as far as permissible from your managers, colleagues and/or our customers and/or other permissible sources.
- When we refer to data processing (or certain types of processing in this privacy notice), we always mean such data processing to the extent necessary and legally permissible under the applicable local laws (including involvement of employee representatives, as well as compliance with agreements with such employee representatives).
2. WHAT PERSONAL DATA WE COLLECT AND FOR WHAT PURPOSES
The situations in which we will process your Personal Data are listed below. We need these categories of Personal Data primarily to allow us to perform our contract with you, manage our HR department and to enable us to comply with legal obligations. In some cases we may use your Personal Data where it is necessary for legitimate interests pursued by us or a third party, provided your interests and fundamental rights do not override those interests. We have indicated in the table below the purpose or purposes for which we are processing or will process your Personal Data, including special categories of Personal Data, as well as providing a description of which categories of data are involved. Where a legitimate interest is involved, we state what the legitimate interest is. We process Personal Data about you that can cause you to be identified including (but not limited to) the following purposes, to the extent permitted by law:
| Purpose for which we process your Personal Data | Types of Personal Data which may be processed | Lawful basis for processing (EU/UK GDPR only) | |
| 1 |
Making a decision about your recruitment or appointment Determining the terms of an offer of employment Checking that you are legally entitled to work in the country of employment |
Personal contact details such as full name, title, date of birth, addresses, telephone numbers, and personal email addresses; recruitment information (including copies of right to work documentation, references, background checks and credit checks (in both cases, only where required and permissible under local law), internet searches, academic studies and achievements including documents, grades and information about academic research (only where required and permissible by local law), and other information included in a CV or cover letter or as part of the application process). |
To ensure we select the best candidates for employment based on their experience and ability (applying GDPR Art 6.1f – a legitimate interest) |
|
2 |
Determining the terms on which you work for us |
Location of employment or workplace; recruitment information (including copies of right to work documentation, references, credit checks, internet searches, academic studies and achievements including documents, grades and information about academic research, and other information included in a CV or cover letter or as part of the application process). |
To ensure that we provide a contract of employment with all appropriate and necessary terms (applying GDPR Art 6.1f – a legitimate interest) |
| 3 | Checking you are legally entitled to work in the relevant country | Copy of passport, driving license or other type of identification document; immigration status and documents reflecting this; recruitment information (including copies of right to work documentation, references, credit checks, internet searches, and other information included in a CV or cover letter or as part of the application process). | To comply with a legal obligation to ensure a candidate has the lawful right to work (applying GDPR Art 6.1c‐ compliance with a legal obligation) |
| 4 | Providing information about directors to the local company’s registry. | Copy of passport, driving license or other type of identification document (or the information contained within it, to the extent permitted by local law). |
To comply with our legal obligations in the registration and maintenance of company registers (applying GDPR Art 6.1 compliance with a legal obligation) |
| 5 | Paying you and, if you are an employee, deducting tax and National Insurance contributions | Personal contact details such as name, title, addresses, telephone numbers, and personal and professional email addresses, date of birth, place and country of birth, gender, marital status and dependants; emergency contacts; name of the partner, date of birth of the partner, wedding date or date of official cohabitation, professional situation of the partner; number of children, Number of children dependent, Number of children with disability, names of children, date of birth of children; national insurance number; bank account details, payroll records and tax status information; salary, annual leave, pension, health insurance and benefits information; start date; seniority start date; location of employment or workplace; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); education level; benefits eligibility; compensation history and copy of passport, driving license or other type of identification document (if required). |
To allow us to perform our contract with you. |
| 6 | Liaising with your pension provider | Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses, date of birth, gender, marital status and dependants; national insurance number; bank account details, payroll records and tax status information; salary, annual leave, pension, health insurance and benefits information; start date; location of employment or workplace; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history. | To comply with our legal obligations as an employer and to comply with our obligations to the pensions regulator (applying GDPR Art 6.1c‐ compliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) |
| 7 | Administering the contract we have entered into with you | Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses; salary, annual leave, pension, health insurance and benefits information; start date; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); point of contact; and compensation history. | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) |
| 8 | Conducting performance reviews, managing performance and determining performance requirements | Performance information and disciplinary and grievance information. | To comply with our legal obligations to following fair and transparent process and not to unfairly dismiss (applying GDPR Art 6.1c‐ compliance with a legal obligation) To manage performance and ensure internal policies are complied with (applying GDPR Art 6.1f – a legitimate interest) |
| 9 | Making decisions about salary reviews and compensation | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history; performance information and disciplinary and grievance information. | To determine and keep under review appropriate salary and compensation levels (applying GDPR Art 6.1f – a legitimate interest) |
| 10 | Making decisions about your continued employment or engagement and/or for the termination of our working relationship | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); compensation history; performance information; disciplinary and grievance information and photographs. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) The management of our workforce and/or to terminate your employment in compliance with your employment contract and applicable laws, whether instigated by us or you (applying GDPR Art 6.1f – a legitimate interest ) |
| 11 | Education, training and development requirements | Name, professional email address, mobile phone number, performance information, training records and professional memberships. | To develop the skills and abilities of our staff (applying GDPR Art 6.1f – a legitimate interest) |
| 12 | Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work | Full name; address; date of birth; place and country of birth; nationality; ID number; mobile phone number; personal e‐mail address; professional e‐mail address; bank account; marital status; name of the partner; hire date; start date; employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships; salary related data; seniority start date, gender; number of children; performance information disciplinary’ grievance information; point of contact; and photographs). | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To protect the interests of the Company and defend itself in legal proceedings, to protect the reputation of the company (applying GDPR Art 6.1f – a legitimate interest) |
| 13 | Managing family related leaves | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); name of children; birth date of children. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our internal policies, to manage staffing levels and adequate resourcing, to maintain records of statutory sick pay, statutory maternity, paternity, shared parental and adoption pay (applying GDPR Art 6.1f – a legitimate interest) |
| 14 | Complying with health and safety obligations and obligations under equality legislation | Name, professional e‐mail address, date of birth; gender; marital status and dependants; salary, annual leave, pension, health insurance and benefits information; and employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships). | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) For the assessment of the working capacity of the employee or medical diagnosis (applying GDPR Art 6.1f – a legitimate interest) |
| 15 | Monitoring your use of our data and communication systems to ensure compliance with our IT policies | Information about your use of our information and communications systems. | To protect our proprietary and commercially sensitive information and to comply with our confidentiality obligations to our clients and customers, to ensure compliance with our IT policies (applying GDPR Art 6.1f – a legitimate interest) |
| 16 | Ensuring network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution | Information about your use of our information and communications systems. | To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) To ensure the security of our systems, to protect our proprietary and commercially sensitive information and to comply with our confidentiality obligations to our clients and customers, to ensure compliance with our IT policies (applying GDPR Art 6.1f – a legitimate interest ) |
| 17 | Conducting data analytics studies to review and better understand employee retention and attrition rates | Employment records (including job titles, work history, working hours, holidays and absence, training records and professional memberships); and performance information. | To understand employee retention and attrition rates and develop effective methods of retaining and rewarding talent (applying GDPR Art 6.1f – a legitimate interest) |
| 18 | For purposes of HR – Welfare events, grouping, including, to post your service anniversary and birthday | First name, last name, location and birthday and month location of work and the number of years with the company, food preferences / restrictions, t‐shirt size and birth date of children, home address, phone number. | To match food and gifts to employees’ preferences, recognise and reward loyalty and generally create a positive employee experience (applying GDPR Art 6.1f – a legitimate interest) |
| 19 | Business travel (e.g., air travel) | Name, copy of passport, driving licence or other type of identification document (or the information contained within it, to the extent permitted by local law), address, date of birth, place of birth, professional e‐mail address. | To handle business travel and order flight tickets, rental car, etc (applying GDPR Art 6.1f – a legitimate interest) |
| 20 | Ascertaining your fitness to work, ensuring your health and safety in the workplace and assessing your fitness to work, providing appropriate workplace adjustments, monitoring and managing sickness absence, administering benefits. | Data about your health, including any medical condition, health and sickness records (to the extent permissible by local law). | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation). To comply with our internal policies relating to sickness absence management, to manage staffing levels and adequate resourcing, to administer statutory sick pay (applying GDPR Art 6.1f – a legitimate interest ) For the assessment of the working capacity of the employee or medical diagnosis (applying GDPR Article 9 .2b) For reasons of public interest in the area of public health, such as protecting against serious cross‐border threats to health or ensuring high standards of quality and safety of health care (applying GDPR Article 9 .2b) |
| 21 | To comply with any employment law obligations relating to trade union membership | Data about trade union membership including potential capacity as (candidate) employee representative in any representation body (only to the extent permissible under local law). | Necessary for the performance of the employment contract (applying GDPR Art 6.1b – necessary for the performance of a contract) To comply with our legal obligations as an employer (applying GDPR Art 6.1ccompliance with a legal obligation) If applicable, the appropriate legal basis for processing such special categories of personal data under Article 9 GDPR: processing is necessary for the purposes of carrying out the obligations and exercising specific rights in the field of employment law. |
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. Personal Information does not include data where your identity has been removed and you cannot be identified (i.e. anonymized data).
3. IF YOU FAIL TO PROVIDE PERSONAL DATA
3.1 If you fail to provide the data requested, we may not be able to perform our contractual obligations with you or we may be prevented from complying with our legal obligations (e.g., to ensure the health and safety of our workers). In such circumstances, we may not be able to perform your employment contract and we may have to consider our ability to continue your employment or complete your recruitment.
4. CRIMINAL CONVICTIONS
4.1. We use information relating to criminal convictions only where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations.
4.2. We do not envisage that we will hold information about criminal convictions. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so or we may be notified of such information directly by you in the course of you working for us.
5. AUTOMATED DECISION MAKING
5.1. You will not be subject to decisions that will have a significant impact on you based solely on automated decision‐making, unless we have a lawful basis for doing so and we have notified you.
5.2. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
6. DATA SECURITY
6.1. We have in place appropriate technical and organizational measures and procedures to maintain the security of your Personal Data from the point of collection to the point of destruction, which meets the requirements of IS Privacy Law and regulations under it, depending on the sensitivity of the data and their scope. Your Personal Data will only be transferred or shared with a third party if they agree to comply with our procedures and policies or if they put in place their own adequate measures.
6.2. We will notify you of any security breach and any applicable regulator of a suspected breach where we are legally required to do so.
7. SHARING PERSONAL DATA
7.1 We share your Personal Data with third parties, including third‐party service providers(including contractors and designated agents) and the companies of Drivenets’ group (“Group”) (all together, “Third parties”). The following activities may be carried out by third‐party service providers: payroll, bookkeeping, accountant, controller, pension administration, benefits provision and administration, IT services, cloud hosting of employees’ data, insurance, survey vendors, assessment tools, amongst others. All third‐party service providers process your Personal Data as a data processor on behalf of the Company, which is the data controller. If you want to receive the list of the current recipients of your Personal Data, please make your request by contacting us at [email protected].
7.2. We will share your Personal Data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. In particular, we will need to share your Personal Information with other Group entities in other countries. It may also, from time to time, be necessary to share it with background check agencies or regulatory authorities in other jurisdictions.
7.3. We may share your Personal Data when we are defending or enforcing the legal rights of any Group company or the terms and conditions of any Group product or service and sharing the Personal Data with third parties, including, professional advisors, will be beneficial for our legal position.
7.4. We will share your Personal Data with other entities in the Group as part of our regular reporting activities (i.e. reporting periodically on the Groups’ activities and ongoing projects, some of which may include HR data on the number of employees, names of high level managers and their seniority within the Group and similar information). Drivenets may also share information on the integration work that is being conducted to integrate employees within the Group.
7.5. We may also share information on the Company’s performance, as part of sharing research and development and marketing data (as part of which we might collect contact details for representatives of potential customers or potential services providers), in the context of a business re‐organisation or Group restructuring exercise, a sale or acquisition process, for system maintenance support and hosting of data.
i. Transfers within the Group will be covered by an internal processing agreement entered into by members of the Group (an intra‐group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to. We will make sure that appropriate safeguards to protect your Personal Data, such as an appropriate contract with the recipient, are in place and that the transfer is necessary for one of the permissible reasons specified in data protection legislation.
ii. We will transfer the Personal Information we collect about you to Israel for the purposes set out above, including in order to perform our contract with you. There is an adequacy decision by the European Commission in respect of that country. This means that the country to which we transfer your data is deemed to provide an adequate level of protection for your personal information.
iii. We will transfer the Personal Information we collect about you to the United States and other third countries not declared as adequate for the purposes set out above but in order to maintain the security of your Personal Data, such transfers will be made only pursuant to the European Commission’s Standard Contractual Clauses.
iv. We may also transfer the Personal Information to our service providers within the EU, in which case we shall implement a data processing agreement with such service providers and ensure that such processing is made subject and in accordance with to our instructions only (including instructions to ensure compliance with agreements with employee representatives).
v. Access rights between the companies of the group members are limited and granted only on a need‐to‐know basis, depending on job functions and roles and will respect locally applicable restrictions due to potential agreements with employee representatives.
7.6. We may share your Personal Information with other third parties, for example in the context of a possible sale, restructuring or transfer of some or all of the business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third‐party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events. We may also need to share your personal information with a regulator or to otherwise comply with the law.
7.7. As part of the execution of your duties, it may be necessary to share your Personal Data with entities in which Drivenets invests or with entities which invest in Drivenets.
8. CHANGE OF PURPOSE
8.1 We will only use your Personal Data for the purposes for which it has been collected, unless we reasonably consider that we need to use it for another legal and compatible purpose. If this occurs, we will notify you and explain the legal basis which allows us to do so.
8.2. Please note that we only process your Personal Data without your knowledge or consent where this is required or permitted by law..
9. DATA RETENTION
9.1 We will retain your Personal Data for as long as necessary to fulfil the relevant purpose and comply with our legal obligations. To determine the appropriate retention period for Personal Data, we consider the amount, origin nature, and sensitivity of the confidential data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable local legal requirements as well employees’ interest in privacy.
9.2. In some circumstances, we may anonymize your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you. If it is no longer necessary for us to retain it we will securely destroy the information.
10. CHANGES TO YOUR PERSONAL DATA
10.1. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your working relationship with us.
11. YOUR RIGHTS IN CONNECTION WITH PERSONAL DATA
11.1. Under certain circumstances specified by law, you may have the right to:
- Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction/rectification of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing (see below).
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
- Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your Personal Information to another party (data portability).
11.2. If you want to review, verify, correct or request erasure of your Personal Information, object to the processing of your Personal Data, or request that we transfer a copy of your Personal Information to another party, please contact Human Resources in writing.
11.3. No fee usually required. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
11.4. What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
11.5. Right to withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the HR department. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law..
12. CONTACT DETAILS
12.1. If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact us at [email protected]. You have the right to lodge a complaint to your local supervisory authority.
13. CHANGES TO THIS PRIVACY NOTICE
13.1. We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice if we make any substantial updates. We may also notify you in other ways from time to time about the processing of your Personal Data.
Data controller: DriveNets Ltd.