JDC Privacy Notice For Job Candidates

JDC and its affiliates and subsidiaries worldwide (collectively, the “Organization”) provides this Privacy Notice (“Privacy Notice”) to explain our practices regarding the collection, use, and other processing of certain individually identifiable information about job candidates (“Candidate Data”), as described in more detail below.

The Organization may collect and process the following categories of Candidate Data:

• Personal information: name and contact information (address, phone number, email, social media, photograph, video/audio recording and emergency contact information), gender, work authorization, and other data permitted or required by applicable law. Collection and processing of other categories of personal information will be performed within limits established in accordance with applicable local law.
• Information about Education: names of educational institutions, degrees earned, graduation date, degree description, grades, honors, and informal education received.
• Work History information: current and/or previous employers, title, department, location, hire date, termination date, job function, contact information of supervisors and references, recommendations.
• Other Qualifications Information: certifications, areas of expertise, skills, volunteering, professional associations, affiliations, memberships, languages spoken, publications.

Candidate Data will be collected either directly from candidates through interviews, assessments, application forms, CVs, resumes, passports, or other IDs provided by candidates to the Organization through email, mail, the Organization’s recruitment website, other online platforms used by the Organization, or from third parties (including references, former employees, former employers and recruitment agencies), subject to applicable law.

The Organization may also collect and process the following categories of Sensitive Candidate Data from you in connection with your job application:

• Health and Medical Data for the purpose of providing you with reasonable accommodation, if needed;
• Race-related Data for purposes of Organization’s equal employment opportunity and other reporting obligations;
• Criminal Background Data for certain positions for purposes of carrying out the obligations and exercising the specific rights of the Organization.

In certain circumstances, the Organization may collect consent at the time of collection for certain types of Sensitive Candidate Data. In such cases, additional information regarding the types and purposes of use of such data will be provided.

The provision of the Candidate Data is partly a legal obligation, partly a contractual requirement necessary to enter into an employment contract with you and partly a requirement for the Organization to manage the recruitment process and for keeping records of the process. Except in limited instances when we indicate that the provisions of certain information is voluntary, in general, you are required to provide Candidate Data,  and the refusal will cause the impossibility for the Organization to continue the recruitment process with a candidate and may require the Organization to cease the recruitment process with that candidate.

The Organization will process Candidate Data, including Sensitive Data, for the following purposes (“Processing Purposes”):

The Organization relies on the following legal grounds for the collection, processing, and use of Candidate Data:

Legal grounds for the collection, processing and use of Candidate Data, including Sensitive Candidate Data, may be extended and detailed in accordance with applicable local law.

The Organization may transfer your Candidate Data, including Sensitive Candidate Data as necessary, to third parties for the Processing Purpose as follows:

• Within the Organization Group: As part of our global structure, managerial and human resources responsibilities, your Candidate Data may be transferred to other JDC offices and affiliates worldwide, including in the United States (collectively, the “Organization Group”) as necessary for the Processing Purposes, in particular to administer the recruitment process, communicate with you and third parties, conduct IT management, monitor and ensure compliance with applicable internal procedures, and respond to and comply with requests and legal demands.
• With certain third parties: Existing or potential independent external advisors (e.g., recruitment agencies), governmental bodies, and other third parties may also receive your Candidate Data as necessary in connection with the recruitment process, in particular to carry out our contractual relationships with such third parties, to administer and provide compensation, administer the recruitment process, enter into an employment contract with you, comply with applicable laws and employment-related requirements, communicate with you, your designated references, and third-parties, conduct IT management, and respond to and comply with requests and legal demands.
• With certain new entities within the Organization Group: If the Organization for a position at which you apply is closed and a new entity within the Organization Group is established or if operations and/or employment matters are transferred in whole or in part to a new entity for a position at which you applied (or any similar transaction is being contemplated), your Candidate Data may be transferred to the other potential new employer prior to the transaction (e.g., during the diligence phase) or after the transaction, subject to any rights provided by applicable law, including jurisdictions where the other entity is located.
• With data processors: Certain third parties, whether affiliated or unaffiliated, may receive your Candidate Data to process such data under appropriate instructions (“Data Processors”) as necessary to support and facilitate the Processing Purposes. Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the Candidate Data, and to process the Candidate Data only as instructed.

Additional requirements related to disclosure of Candidate Data may be detailed in accordance with applicable local law.

The Organization may transfer Candidate Data, in connection with the Processing Purposes identified in Section III and disclosures identified in Section IV above, to other JDC offices and affiliates worldwide, service providers, suppliers and external advisers in a territory, such as the United States, that may not provide a level of protection to Candidate Data equivalent to that provided by your home country.  The Organization has implemented appropriate safeguards with JDC to secure any such disclosures of Candidate Data.  Candidates with questions regarding how JDC handles Candidate Data should contact JDC’s Human Resources representative via the contact information set out in Section IX below.

Requirements for International Transfers of Candidate Data may be established in accordance with applicable local law.

In addition to the activities described above, the Organization may also process, disclose, and transfer Candidate Data to governmental agencies and regulators, courts and other tribunals, and government authorities to the extent necessary or where required by applicable law.

If you have declared your consent regarding certain types of processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law you may also have the right to: (i) request access to your Candidate Data; (ii) request rectification of your Candidate Data; (iii) request erasure of your Candidate Data; (iv) request restriction of processing of your Candidate Data; (v) request data portability of your Candidate Data; and/or (vi) object to the processing of your Candidate Data. Please note that these aforementioned rights might be limited under the applicable national data protection law.

(i)     Right of access: You may have the right to obtain from us confirmation as to whether or not Candidate Data concerning you is processed, and, where that is the case, to request access to such Candidate Data. The access information includes—inter alia—the purposes of the processing, the categories of Candidate Data concerned, the recipients or categories of recipients to whom the Candidate Data have been or will be disclosed, the sources of the Candidate Data, the duration of retention, and the technical security measures put in place to safeguard the Candidate Data in case of transfer outside the EEA. However, this is not an absolute right and the interests of other individuals may restrict your right of access.

You may have the right to obtain a copy of the Candidate Data. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.

(ii)   Right to rectification: You may have the right to obtain from us the rectification (i.e., correction) of inaccurate Candidate Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Candidate Data completed, including by means of providing a supplementary statement.

(iii)  Right to erasure (right to be forgotten): Under certain circumstances, you may have the right to obtain from us the erasure of Candidate Data concerning you.  In such cases, we will erase, or render permanently unintelligible, such Candidate Data.

(iv)  Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing of your Candidate Data. In this case, the respective data will be marked and may only be processed by us for certain purposes. However, as the Organization processes and uses your Candidate Data primarily for purposes of managing the recruitment process and entering into a contractual employment relationship with you, the Organization will in principle have a contractual necessity and legitimate interest for the processing which will override your restriction request, unless the restriction request relates to marketing activities (which generally do not apply in the recruitment context).

(v)    Right to data portability: Under certain circumstances, you may have the right to receive the Candidate Data about you that you have provided to us, in a structured, commonly used and machine-readable format so you can transmit this Candidate Data to another entity.

(vi)  Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your Candidate Data by us.  Where such right applies, we will no longer process the relevant Candidate Data. This is not an absolute right and does not apply in certain situations, such as when processing is necessary to enter into an employment contract, to comply with applicable law, or to defend legal claims.

Candidates should transmit any requests for access or updates to, or corrections or deletions of, their own Candidate Data to the Organization as specified below in Section IX. You also have the right to lodge a complaint with the competent data protection supervisory authority.

Your Candidate Data is stored by the Organization and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the Candidate Data is collected, in accordance with applicable data protection laws. When the Organization no longer needs to use your Candidate Data, we will remove it from our systems and records and/or take steps to properly render it unintelligible so that you can no longer be identified from it (unless we need to keep your Candidate Data to comply with legal or regulatory obligations to which the Organization is subject).

Candidates who have any questions about this Notice or wish to (i) access, review, or, where required, correct or request the deletion of their Candidate Data or learn more about who has access to such information, (ii) make any other type of request, or (iii) report a concern related to Candidate Data, should contact JDC’s Human Resources representative.

The procedures for submitting requests, claims, issues etc. may be established in accordance with applicable local law.

EFFECTIVE DATE: May 25, 2018