What is this notice and why should you read it?
- This privacy notice explains how and why the Draken Europe group, including each of its operating entities (also referred to as “Draken Europe”, “we”, “our” and “us”) uses personal data about individuals that apply to become employees, staff, contractors, trainees, officers, consultants, and temporary or agency workers of Draken Europe (referred to as “Applicants” or “you”).
- You should read this notice, so that you know what we are doing with your personal data. Please also read any other privacy notices that we give you, that might apply to our use of your personal data in specific circumstances in the future (for example, should you be successful in your application, the processing of your personal data will be in accordance with the Draken Europe Employee Fair Processing Notice).
- This notice does not form part of any contract with you (including any contract of employment that may be offered) or any other contract to provide services.
Draken Europe’s data protection responsibilities
- “Personal data” is any information that relates to an identifiable natural person. Your name, address, contact details, salary details and CV are all examples of your personal data, if they identify you.
- The term “process” means any activity relating to personal data, including, by way of example, collection, storage, use, consultation and transmission.
- Draken Europe is a so-called "controller" of your personal data. This means that we make decisions about how and why we process your personal data, and, because of this, we are responsible for making sure it is used in accordance with data protection laws.
What types of personal data do we collect and where do we get it from?
- We collect many different types of personal data about you for lots of reasons. We cannot administer your application without your personal data. Where we don’t need your personal data, we will make this clear, for instance we will explain if any part of an application form that you are required to complete is optional and can be left blank.
- Further details of the personal data we collect, where we get it from and what we do with it are set out in Schedule 1 .
- As set out in the table at Schedule 1 we collect your personal information from you directly when you correspond with us and apply for a job with us. We also create some personal data ourselves and obtain some personal data from other people and organisations, including some public sources, such as publicly available directories and online resources, your previous employers, your use of Draken Europe systems and platforms and your (or our) Recruitment Partners (as applicable).
- Due to the type of business undertaken by Draken Europe, we also conduct background checks on our Applicants. Depending on the role applied for, these checks can relate to any criminal convictions that you may have and include those checks that are required by applicable law and those required for our own policy compliance. Please see also the section below in relation to ‘Sensitive Information’.
- If any of the personal information you have given to us changes, such as your contact details, please inform us without delay by contacting your Draken Europe recruitment contact (which may be the Recruitment Partners appointed by Draken Europe).
What do we do with your personal data and why?
- We process your personal data for particular purposes in connection with your application or engagement with us, and the management and administration of our business.
- We are required by law to always have a permitted reason or justification (called a “lawful basis”) for processing your personal data. There are six such permitted lawful basis for processing personal data. The table at Schedule 2 sets out the different purposes for which we process your personal data and the relevant lawful basis on which we rely for that processing.
Please note that where we have indicated in the table at
that our processing of your personal data is either:
- necessary for us to comply with a legal obligation; or
- necessary for us to take steps, at your request, to potentially enter into an employment contract with you and you choose not to provide the relevant personal data to us, we may not be able to enter into our contract of employment or engagement with you.
- We may also convert your personal data into statistical or aggregated form to better protect your privacy, or so that you are not identified or identifiable from it. Anonymised data cannot be linked back to you. We may use it to conduct research and analysis, including to produce statistical research and reports. For example, to help us understand which areas of our business receive the most Applicants.
- Some of the processing described in the table at Schedule 2 will include the processing of ‘special categories of personal data’ and/or sensitive personal data (together, “Sensitive Information”). This refers to sensitive or special categories of personal data for which applicable laws require us to process with more care.
- The table at Schedule 3 sets out the different purposes for which we process your Sensitive Information and the relevant lawful basis on which we rely for that processing. For some processing activities, we consider that more than one lawful basis may be relevant – depending on the circumstances.
Who do we share your personal data with, and why?
- Sometimes we need to disclose your personal data to other people.
- We are part of the Draken Europe group, which includes a number of companies and operations globally. Therefore, we may need to share your personal data with other companies in the Draken Europe group for our general business and workforce management purposes and, in some cases, for line management, authorisations/approvals with relevant decision makers, reporting and where systems and services are provided on a shared basis. For example, your application may be shared with other group members if the authority of that member is required to approve the offering of an employment contract.
- Access rights between members of the Draken Europe group are limited and granted only on a need to know basis, depending on job functions and roles.
- Where any Draken Europe group companies process your personal data on our behalf (as our processor), we will make sure that they have appropriate security standards in place to make sure your personal data is protected [and we will enter into a written contract imposing appropriate security standards on them].
- From time to time we may ask third parties to carry out certain business functions for us, such as IT support. These third parties will process your personal data on our behalf (as our processor). We will disclose your personal data to these parties so that they can perform those functions. Before we disclose your personal data to these third parties, we will seek to ensure that they have appropriate security standards in place to protect your personal data and we will enter into a written contract imposing appropriate security standards on them. Examples of these third-party service providers include service providers and/or sub-contractors, include HR and marketing service providers, and our IT systems software and maintenance, back up, and server hosting providers.
In certain circumstances, we will also disclose your personal data to third parties who will receive it as controllers of your personal data in their own right for the purposes set out above, where the relevant disclosure is in relation to:
- services provided to you or us by a third party acting independently to Draken Europe, but which has a relationship with Draken Europe, for example a Recruitment Partner;
- the purchase or sale of our business (or part of it) in connection with a share or asset sale, as part of which we may disclose or transfer your personal data to the prospective seller or buyer and their advisors; and/or
- the disclosure of your personal data in order to comply with a legal obligation, to enforce a contract or to protect the rights, property or safety of our employees, customers or others.
We have set out below a list of the categories of recipients with whom we are likely to share your personal data:
- consultants and professional advisors including legal advisors and accountants;
- courts, court-appointed persons/entities, receivers and liquidators;
- business partners and joint ventures;
- trade associations and professional bodies;
- governmental departments, statutory and regulatory bodies including (in the UK) the Department for Work & Pensions, Information Commissioner’s Office, the police and Her Majesty’s Revenue and Customs.
Inside the Draken Europe group:
Outside the Draken Europe group:
Where in the world is your personal data transferred to?
- As part of a global organisation, Draken Europe may transfer your personal data to recipients (either internally or externally, as set out above) that are established in jurisdictions other than your own. Please be aware that the data protection laws in some jurisdictions may not provide the same level of protection to your personal data as is provided to it under the laws in your jurisdiction.
If any disclosures of personal data referred to above require your personal data to be transferred from within to outside the European Economic Area, we will only make that transfer if:
- the country to which the personal data is to be transferred ensures an adequate level of protection for personal data;
- we have put in place appropriate safeguards to protect your personal data, such as an appropriate contract with the recipient;
- the transfer is necessary for one of the reasons specified in data protection legislation, such as the performance of a contract between us and you; or
- you explicitly consent to the transfer.
How do we communicate with you?
- We will use your personal data to contact you in relation to the progress of any applications that you make with us and to respond to any other questions, comments or complaints that you may raise.
- We will only send you information in relation to other roles and vacancies, if you have explicitly updated your role preferences or advised us that you are interested in other opportunities
How do we keep your personal data secure?
- We will take specific steps (as required by applicable data protection laws) to ensure we take appropriate security measures to protect your personal data from unlawful or unauthorised processing and accidental loss, destruction or damage.
How long do we keep your personal data for?
If you are successful in your application, we will keep your personal data during the period of your employment and then, after your employment with us ends, for as long as is necessary in connection with both our and your legal rights and obligations. If you are unsuccessful in your application, we will only retain your personal data for a more limited period of time. This may mean that we keep some types of personal data for longer than others, depending on the following factors:
- any laws or regulations that we are required to follow;
- whether we are in a legal or other type of dispute with each other or any third party;
- the type of information that we hold about you; and
- whether we are asked by you or a regulatory authority to keep your personal data for a valid reason.
- For more information on our data retention practices, you should contact your Draken Europe recruitment contact (which may be the Recruitment Partner(s) appointed by Draken Europe)
- If you are successful in your application, we will keep your personal data during the period of your employment and then, after your employment with us ends, for as long as is necessary in connection with both our and your legal rights and obligations. If you are unsuccessful in your application, we will only retain your personal data for a more limited period of time. This may mean that we keep some types of personal data for longer than others, depending on the following factors:
What are your rights in relation to your personal data and how can you exercise them?
- You have certain rights, which are briefly summarised at Schedule 4 , in relation to any personal data about you which we hold.
- Where our processing of your personal data is based on your consent (please see Schedule 2 and Schedule 3 ), you have the right to withdraw your consent at any time. If you do decide to withdraw your consent we will stop processing your personal data for that purpose, unless there is another lawful basis we can rely on – in which case, we will let you know. Your withdrawal of your consent won’t impact any of our processing up to that point.
- Where our processing of your personal data is necessary for our legitimate interests (please see Schedule 2 ), you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim.
- If you wish to exercise any of these rights, please contact your Draken Europe recruitment contact (which may be the Recruitment Partners appointed by Draken Europe), in the first instance.
- You also have the right to lodge a complaint with the relevant Supervisory Authority (which is the Information Commissioner’s Office in the UK, for example).
Updates to this notice
- We may update this notice from time to time to reflect changes to the type of personal data that we process and/or the way in which it is processed. In the event of a material change which affects the processing of your personal data, we will notify you. We also encourage you to check this notice on a regular basis.