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AVEVA Group PLC Fair Processing Notice
1. What is this document and why should you read it?
1.1 This privacy notice explains how and why the AVEVA Group company listed in Schedule 5 (each a subsidiary of AVEVA Group plc) (referred to in this notice as “AVEVA”, “we”, “our” and “us”) uses personal data about candidates (referred to as “you”) applying for a position with us, whether directly (e.g. by direct contact with us, including by use of our recruitment portal, Sage People Recruit at link or indirectly (e.g. via recommendation or through one of our recruitment agencies).
1.2 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.
1.3 This notice does not form part of your contract of employment (where applicable) or any other contract to provide services.
2. AVEVA’s data protection responsibilities
2.1 “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.
2.2 The term “process” means any activity relating to personal data, including, by way of example, collection, storage, use, consultation and transmission.
2.3 AVEVA is a "controller" of your personal data. This is a legal term – it 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.
3. What types of personal data do we collect and where do we get it from?
3.1 We collect many different types of personal data about you for lots of reasons. We will not be able to administer our employment or other relationship with you without your personal data. Where we don’t need your personal data, we will make this clear, for instance we will explain if any data fields in our application or staff survey processes are optional and can be left blank.
3.2 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.
3.3 You provide us with personal data when you apply for a job with us on the application form available online. We may obtain your details from recruitment agents or online job platforms you have used. This fair processing notice should have been provided to you though the recruitment agent or recruitment portal, Sage People Recruit.
3.4 It is your responsibility to make sure the personal data you provide to us is complete and accurate and you must help us to keep it accurate and up to date. If any of the personal data you have given to us changes, such as your contact details, please inform us without delay by contacting the Data Protection team at dataprotection@AVEVA.com.
4. What do we do with your personal data, and why?
4.1 We process your personal data for particular purposes in connection with your application and the management and administration of our business.
4.2 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. These bases may be:
4.2.1 Consent: You have given your consent to the processing (please also see paragraph 10.2); 4.2.2 Employment contract: It is necessary to perform your employment contract;
4.2.3 Legal obligation: It is necessary for us to comply with a legal obligation;
4.2.4 Legitimate interests: It is necessary for our legitimate interests or those of third parties;
4.2.5 Vital interests: It is necessary to protect your vital interests (or those of someone else); or
4.2.6 Public interest: It is necessary to perform a task in the public interest.
4.3 Please note that where we have indicated in the table at Schedule 2 that our processing of your personal data is either:
4.3.1 necessary for us to comply with a legal obligation; or
4.3.2 necessary for us to take steps, at your request, to potentially enter into an employment contract with you, or to perform it and you choose not to provide the relevant personal data to us, we may not be able to enter into our contract of employment with you.
4.4 We may also convert your personal data (including your gender, age and racial and ethnic origin) into statistical or aggregated form, or de-identify it, 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, monitor and improve diversity in the workplace, including the number of women in STEM roles.
5. Special category personal data (including criminal data)
5.1 We are required by law to treat certain categories of personal data with even more care than usual. These are called sensitive or special categories of personal data and additional different lawful bases apply to them. The table at Schedule 3 sets out the different purposes for which we process your special category personal data 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. We have included criminal related data in this category.
5.2 The table explains the legal basis on which we use this type of personal data for the relevant purpose:
5.2.1 Consent: You have given your explicit consent to the processing (please also see paragraph 10.2);
5.2.2 Employment and social security/protection law: It is necessary for your/our obligations and rights in the field of employment and social security and social protection law; 3
5.2.3 Vital interests: It is necessary to protect the vital interests of the data subject or another person you or they are physically or legally incapable of giving consent;
5.2.4 Legal claims: It is necessary for our establishment, exercise or defence of legal claims;
5.2.5 Substantial public interest: It is necessary for reasons of substantial public interest; or
5.2.6 Preventative or occupational medicine: It is necessary for preventive or occupational medicine, for the assessment of the working capacity of the employee.
6. Who do we share your personal data with, and why?
6.1 Sometimes we need to disclose your personal data to other people. Inside the AVEVA group
6.2 We will need to share your personal data with other companies in the AVEVA group for our general business and workforce management purposes. For example, helping to ensure efficient global resourcing, monitoring compliance with our global KPIs and to ensure appropriate benchmarking of applicants, or approval of senior candidates with relevant global stakeholders.
6.3 Access rights between members of the AVEVA group are limited and granted only on a need to know basis, depending on job functions and roles.
6.4 Where any AVEVA 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, as well as safeguards to ensure the protection of your personal data if it is transferred to a AVEVA group company outside the EEA. Outside the AVEVA group
6.5 From time to time we may ask third parties (including recruitment agents) to carry out certain business functions for us, such as operating an online recruitment platform, reviewing/screening applications and administering parts of the recruitment process, including some interviews. If your application is successful, these third parties will process your personal data on our behalf (as our processor). We will disclose your personal data to these parties (or allow them to collect it from you on our behalf) so that they can perform those functions. Before doing so, 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.
6.6 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, in particular:
6.6.1 if we transfer, purchase, reorganise, merge or sell any part of our business or the business of a third party, and we disclose or transfer your personal data to the prospective seller, buyer or other third party involved in a business transfer, reorganisation or merger arrangement (and their advisors); and
6.6.2 if we need to disclose 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.
6.7 We have set out below a list of the categories of recipients with whom we are likely to share your personal data: 4
6.7.1 governmental departments, statutory and regulatory bodies including the Department for Work & Pensions, Information Commissioner’s Office, the National Business Crime Solution, the police and Her Majesty’s Revenue and Customs; and
6.7.2 recruitment agents, recruitment platform providers, head-hunters and job board providers helping us to locate candidates We may also share your personal data with third parties, as directed by you.
7. Where in the world is your personal data transferred to?
7.1 If any of our processing activities require your personal data to be transferred from inside to outside the European Economic Area, we will only make that transfer if: 7.1.1 the country to which the personal data is to be transferred ensures an adequate level of protection for personal data; or
7.1.2 we have put in place appropriate safeguards to protect your personal data, such as an appropriate contract with the recipient. (Please contact the Data Protection team at firstname.lastname@example.org if you wish to obtain a copy of these.); and
7.1.3 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
7.1.4 you clearly consent to the transfer.
7.2 In the event of the UK’s withdrawal from the EU, if any of our processing activities require your personal data to be transferred from EU country to the U.K., we will only make that transfer if, in accordance with applicable data protection law:
7.2.1 the country to which the personal data is to be transferred ensures an adequate level of protection for personal data; or 7.2.2 we have put in place appropriate safeguards to protect your personal data, such as an appropriate contract with the recipient. (Please contact dataprotection@AVEVA.com if you wish to obtain a copy of these); and
7.2.3 the transfer is necessary for one of the reasons specified in such applicable data protection legislation, such as the performance of a contract between us and you; or 7.2.4 you clearly consent to the transfer; or
7.2.5 (if relevant) the transfer can happen under data protection law based on there being an agreement with the U.K. government relating to (amongst other items) transfers to the U.K. from an EU country.
8. How do we keep your personal data secure? We have put in place appropriate security measures (as required by applicable data protection laws) to protect your personal data from unlawful or unauthorised processing and to prevent accidental loss, destruction or damage. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to now. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. For more information, please use the contact details in the ‘Where you can find out more’ section below. 5 9. How long do we keep your personal data for?
9.1 If your application is unsuccessful, we will keep the personal data you provided as part of your application, as follows: We will keep the personal data you provided as part of your application, including your application, CV, reference and interview and test notes (“Application Personal Data”) during the recruitment process and then, after it ends, for 12 months in connection with both our and your legal rights and obligations. This may mean that we keep some types of personal data for longer than others.
9.2 If your application is successful, we will normally keep the Application Personal Data for 6 years after your employment ceases. This means during the course of your employment with us 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. This may mean that we keep some types of personal data for longer than others.
9.3 We will only retain your personal data for a limited period of time. This will depend on a number of factors, including:
9.3.1 any laws or regulations that we are required to follow;
9.3.2 whether we are in a legal or other type of dispute with each other or any third party;
9.3.3 the type of information that we hold about you; and
9.3.4 whether we are asked by you or a regulatory authority to keep your personal data for a valid reason.
9.4 Any personal data contained in any work-related correspondence or records may be retained for longer, dependant on the retention period of the file that your personal data is held on.
10. What are your rights in relation to your personal data and how can you exercise them?
10.1 You have certain legal rights, which are briefly summarised at Schedule 4, in relation to any personal data about you which we hold.
10.2 Where our processing of your personal data is based on your consent, 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.
10.3 Where our processing of your personal data is necessary for our legitimate interests, 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.
10.4 If you wish to exercise any of your rights please contact the Data Protection team at dataprotection@AVEVA.com in the first instance.
10.5 You also have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”), which is the UK data protection regulator. More information can be found on the ICO website at https://ico.org.uk/.
11. 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. We will update you on material changes to this notice by email. We also encourage you to check this notice on a regular basis.
12. Where can you find out more?
12.1 We have appointed a Data Protection Team whose role is to inform and advise us about, and to ensure that we remain compliant with, data protection legislation. The Data Protection Team should be your first point of contact if you have any queries or concerns about your personal data. Our Data Protection Team can be contacted at dataprotection@AVEVA.com.
12.2 If you want more information about any of the subjects covered in this privacy notice or if you would like to discuss any issues or concerns with us and the Data Protection Officer is unavailable, you can also contact us by email at: dataprotection@AVEVA.com.