2.1. When and why may your data be collected/stored?
Your personal data is collected to enable us to comply with applicable employment laws and execute on critical functions such as HR and payroll. The examples in this section provide an overview of the principal purposes for which we are required to collect your personal data. Each requirement to collect, store and use personal data is governed by Processing Guidelines. As an additional safeguard, our DPO performs ongoing monitoring to ensure Processing Guidelines are being implemented correctly and we are compliant with data protection regulations.
Specifically, for compliance with our obligations as an employer, we must collect the following:
- Maternity/paternity/parental leave
- Diversity requirements
- Working hours
- Sick leave
- Payroll
- Health and Safety – accident or injuries at work
- In specific cases, the following collection of personal data may apply, but are not limited to these examples:
- Checking of qualifications during recruitment
- Provision of employee benefits such as health insurance, pensions or lunch vouchers
- Performance management to facilitate career development through annual appraisals
- Security and monitoring access to our premises (badge controls), video surveillance
- Resource management for the allocation and maintenance of resources (access rights to office buildings, IT systems, databases)
- Training for the organisation of training sessions
- International mobility in cases where employees are relocated
- Under the above obligations and specific cases, we may collect the following kinds of personal data:
- Identification data: name, surname, contact information
- Work entitlement data (e.g. for the purpose of verifying if you are entitled to work in the country)
- Family status (e.g. for the purpose of health insurance and pension provision)
- Education and career development data
- Professional life: contracts, working time, absence, paid holidays
- Economic situation: tax and source deductions, pay grade, salary and other compensation elements, pension fund contributions, bank account details
- Military status: military situation in countries where there is compulsory military service
- Police records: criminal records checks or security background checks for those working in confidential environments or subject to Customer Required Security Clearance
- Marketing information: employee photos for those included in our external marketing or other materials
- Other information required for us to comply with our obligations as an employer under local laws
2.2. Who has access to your personal data?
Your data may be handled by our HR Department, Payroll and managers. However, in all cases, access to your data is restricted to those who need it and governed by Processing Guidelines, which are closely monitored and reviewed by the Data Protection Officer (DPO). Your personal data is securely stored and processed using technical and organisational measures which are regularly reviewed to ensure they are state of the art and they remain up to date. Some personal data, including electronic identities, is handled by the IT Department for the purposes of resource management. The use of electronic communications, devices, internet, phones, etc. is covered in our IT Use and Data Processing Policy. To fulfil our contractual obligations, we may provide your contact details to our customers and suppliers for the purposes of service support. These data transfers are governed by Data Processing Agreements, which are monitored regularly by the DPO.
We disclose your personal data to any authority to which we are required by law (e.g. Tax Authorities, Social Security Services, Child Benefits Agencies). In some cases, your personal data may be requested by judicial authorities or law enforcement agencies in the context of legal investigations. In most cases (unless it will prejudice the outcome of the investigation) you will be notified about such requests. In all cases, the DPO will be involved to ensure privacy principles are upheld in a lawful manner and the identity and authority of the person/agency making the data access request will always be verified.
In the event of a business merger or acquisition, personal details about team members are anonymised wherever possible. At the time of the merger/acquisition the personal data will be transferred using secure means and governed by a Data Processing Agreement, which is monitored by the DPO.
2.3. How long is your personal data stored?
Your personal data is kept only for as long as it is necessary for us to comply with our legal obligations. There are data retention laws in place, to which we must adhere.
2.4. When may sensitive data be processed/stored?
Sensitive data: is categorised as any data revealing your: racial/ethnic origins; political opinions; religious beliefs; membership of a trade union; sexuality; physical or mental health conditions; or, criminal offenses or convictions. (Art. 9 EU GDPR).
(a) Statutory Obligations:
We may be required to process sensitive personal data to comply with our statutory obligations. For example, to demonstrate non-discriminatory practices, we might be asked for figures relating to gender, age or ethnic background. In these cases, the data will be anonymised and kept strictly for statistical purposes. We also ensure any sensitive personal data we hold or process is kept to a minimum, in accordance with our Privacy Principles.
(b) Occupational Health:
Health data is a sensitive category and must be subject to stricter access controls and security measures. The principles of “need to know” are applied here. The processing of health data is governed by the HR Processing Guidelines which place restrictions on who has access to this data and how it is stored or processed.
(c) Security Background Checks:
Security background checks for those working in confidential environments or subject to Customer Required Security Clearance may be necessary. In the event of a security background check, this will be conducted in close cooperation with the staff member undergoing the check and comply fully with local legislation. We will never pass the content or details of this check to third parties. They will be informed only that a check has been conducted and whether the member of staff has passed. This will also be the only data we keep on your personnel record (that a check was done and whether it was passed).
(d) Video Surveillance:
For the purposes of physical security, the buildings of our offices may have video surveillance to monitor and secure car parks, entrances or other important environments. Where video surveillance is in use, this will be signposted clearly. It may be necessary to access and provide this data to local police in criminal investigations, and then it is subject to local legislation and careful monitoring by the DPO that relevant privacy rules are applied.
(e) Sensitive Data Conditions:
Sensitive data can only be processed where you have given consent or unless a sensitive data condition is satisfied. The consent you provide is not confined to the initial request but to the subsequent recording, use and disclosure. It is our policy to ensure that any sensitive personal data we hold or process is kept to a minimum. The sensitive data condition is satisfied when: the processing is necessary to protect the vital interests of the worker or another person where consent cannot be given or the data controller cannot reasonably be expected to obtain it; to protect the vital interests of another person where consent is unreasonably withheld; the collection of sensitive medical/health data is required to defend a tribunal claim or for other legal proceedings; the processing is of information in categories relating to racial or ethnic origin religious beliefs or other beliefs of a similar nature or physical or mental health condition is necessary for the purpose of identifying or keeping under review the existence or absence of equality in opportunity or treatment, and there are safeguards for that data subject; where a public sector body needs the information to discharge its statutory functions; where the collection of medical or health information is done by a confidential occupational health service and is necessary for preventative medicine, diagnosis or care and treatment; where the collection of health information is necessary for important, non-obtrusive research; where the worker has deliberately made his/her sensitive personal information public. (Art.9.2 EU GDPR).
(f) What Data We Do NOT Collect:
Under no circumstances do we collect sensitive personal data relating to: political opinions; religious beliefs; membership of a trade union; sexuality.
2.5. How can you access your own information?
You are entitled to receive a transcript copy of your personal data held by us, in accordance with the EU GDPR and guidelines issued by the national Supervisory Authorities, which also include exemptions for certain types of information. Data access requests should be made in writing by contacting your DPO (email: dpo@crayon.com) with a clear description of the information you seek. Your request will be processed as a data subject request and we will respond within 10 working days.
