ATS Euromaster: Applicant Privacy Notice
Introduction
ATS Euromaster Limited ("ATS", "we", "our" or "us") hold and process information relating to job applicants and interview candidates as identified or identifiable natural persons (‘data subjects’); that is individuals who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity ("Personal Data"). Under applicable data privacy laws, we act as a data controller.
We take your Personal Data protection rights and our legal obligations seriously. Your Personal Data will be treated in a secure and confidential manner and only as set out below.
This Privacy Notice describes the categories of Personal Data we process, how your Personal Data is processed and how your privacy is safeguarded in the course of our relationship with you.
If you have any questions regarding the processing of your Personal Data or if you wish to exercise any of your data subject rights, please contact careers@ats.euromaster.com.
If you are aware of an unauthorised disclosure of data, please also refer this to careers@ats.euromaster.com for guidance as to the applicable reporting requirements.
Processing of Personal Data
We may collect various types of Personal Data about you for the purposes described in this Privacy Notice including:
Applicant related data: your title, forename, middle name(s) and surname, birth name, preferred name, any additional names, gender, nationality, second nationality, date of birth, age, home contact details (e.g. address, telephone number, e-mail), national ID number, immigration and eligibility to work data, languages spoken;
Data related to your potential engagement with ATS: work contact details (e.g. address, telephone number, e-mail), work location, your work biography, your reporting line, your job title and job description, whether you are full or part time; references; position title; the reason for any change in job and date of change;
Recruitment data: qualifications, references, CV and application, interview and assessment data, vetting and verification information;
Regulatory data: records of your registration with any applicable regulatory authority, your regulated status and any regulatory references; and
Remuneration and benefits data: your remuneration information (including salary information as applicable) and tax information.
Certain additional information may be collected where this is necessary and permitted by local applicable laws.
Special categories of Personal Data
To the extent permitted by applicable laws ATS may also collect and process a limited amount of Personal Data falling into special categories, sometimes called “sensitive personal data”. This term includes information relating to such matters as racial or ethnic origin, religious beliefs, physical or mental health (including details of accommodations or adjustments), certain maternity/adoption information, trade union membership, sexual orientation, information regarding sexual life, biometric data, genetic data, criminal records and information regarding criminal offences or proceedings.
Sources of Personal Data
ATS collects and records your Personal Data from a variety of sources, as set out below:
In the majority of situations, directly from you such as through your data input into our Human Resources systems, the application process or via other forms or information you provide to us in connection with your prospective employment or engagement with us (job application, employment contract, personal details, internal resume/management profile, emergency contacts, etc.);
Through your use of our website;
From third parties (subject to the requirements of applicable law):
References and background screening check provider (information on qualification and education, background)
Former employers (references)
Employment recruitment agencies (details regarding education and job qualifications)
Tax authorities (details of your tax class and taxation in general, including church tax code)
Other relevant third-party sources and categories of personal data obtained from such
In some circumstances, such as you entering our premises for job interview(s) Personal Data may be collected indirectly from monitoring devices or by other means (for example Closed Circuit television), if and to the extent permitted by applicable laws. Should you want further information on such processing, please contact careers@ats.euromaster.com.
Where we ask you to provide Personal Data to us on a mandatory basis, we will inform you of this at the time of collection and in the event that particular information is required by the contract or statute this will be indicated. Failure to provide any mandatory information will mean that we cannot carry out certain HR processes. In some cases it may mean that we are unable to continue with your potential employment or engagement as ATS will not have the Personal Data we believe to be necessary for the effective and efficient administration and management of our relationship with you.
Apart from Personal Data relating to yourself, you may also provide ATS with Personal Data of third parties, notably any referees from former places of employment. Before you provide such third party Personal Data to ATS you must first inform these third parties of any such data which you intend to provide to ATS and of the processing to be carried out by ATS, as detailed in this Privacy Notice.
Purposes and legal bases for processing Personal Data
We collect, process, and otherwise use your Personal Data for purposes and on the legal grounds specified in the table below; where relevant the legitimate interests pursued by ATS are listed as well:
Recruitment and selection
This processing is necessary to take steps at the applicant's request to enter a contract of employment.
This processing is also necessary for the purpose of the legitimate interests pursued by ATS.
ATS considers that it has a legitimate interest in fully assessing applications for employment to ensure that only suitable and appropriate candidates are both assessed and selected. ATS considers that this is important to ensure that ATS identifies the right people for its business who will be able to contribute to its operations and culture.
ATS aims to recruit the best person for each vacancy through fair, systematic, effective recruitment and selection procedures. This will ensure that ATS continues to meet its business objectives, maintain its reputation and continues to attract high calibre employees.
Appropriate vetting for recruitment and team allocation including, where relevant and appropriate credit checks, right to work verification, identity fraud checks, criminal record checks (if and to the extent permitted by applicable laws), relevant employment history, relevant regulatory status and professional qualifications; This processing is necessary for the compliance with legal obligations to which ATS is subject. This processing is also necessary for the purpose of the legitimate interests pursued by ATS.
ATS considers that it has a legitimate interest in managing its business operations in the most effective way. ATS needs to make decisions relating to the future of its business in order to preserve its business operations or grow its business. These interests include the interests of the workforce as a whole and the ATS customer base.
ATS considers business transformation to support its long-term business goals and outcomes. ATS wishes to maintain its reputation and continue to attract high calibre employees.
To enforce our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you; This processing is also necessary for the purpose of the legitimate interests pursued by ATS.
ATS considers that it has a legitimate interest in protecting its organisation from breaches of legal obligations owed to it and to defend itself from litigation. This is needed to ensure that the company’s legal rights and interests are managed appropriately.
ATS considers legal compliance and managing legal rights to support its long-term business goals and outcomes. ATS wishes to maintain its reputation and continue to attract high calibre employees.
To comply with lawful requests by public authorities (including without limitation to meet national security or law enforcement requirements), discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities (including without limitation data protection, tax and employment), whether within or outside your country; This processing is also necessary for the purpose of the legitimate interests pursued by ATS.
ATS considers that it has a legitimate interest in ensuring that it complies with all legal requirements placed on it, whether those are EU obligations or non-EU obligations. ATS wishes to maintain its reputation as a good corporate citizen and to act appropriately in all the countries in which it does business. This includes cooperating with authorities and government bodies. Indeed, ATS is required to comply with laws and regulations in those countries in which it does business and to require otherwise would lead to conflicts of laws issues.
Assess and review eligibility to work for ATS in the jurisdiction in which you work; This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
The collection of statistical data subject to local laws, or where required to record such characteristics to comply with equality and diversity requirements of applicable local legislation or to keep ATS’ commitment to equal opportunity under review; This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
Administering your trade union membership and ensuring that any relevant rights that you may have in connection with any Trade Union membership are complied with, as required to enable us to meet our obligations under employment law; This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
Management and investigation of any complaint under ATS' grievance policy (or other relevant policies), where such characteristics or information are relevant to the particular complaint, in order to comply with employment law obligations; This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ATS in the field of employment law, social security and social protection law, to the extent permissible under applicable laws.
ATS considers legal compliance and managing legal rights to support its long-term business goals and outcomes. ATS wishes to maintain its reputation and continue to attract high calibre employees.
Processing data relating to criminal convictions and offences
Personal Data relating to criminal convictions and offences will only be processed where authorised by applicable laws.
For example:
a criminal record check may be carried out on recruitment or transfer where authorised by applicable laws; or
an allegation of a criminal offence or conviction arising during your relationship with ATS may be processed where required or authorised. For example where we have a legal or regulatory requirement to report an offence or applicable laws authorise ATS to process information about the offence for the purpose of making decisions regarding your relationship with ATS.
Retention of Personal Data
ATS endeavours to ensure that Personal Data is kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable. However, some Personal Data may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.
We will generally retain your Personal Data only so long as it is required for purposes for which it was collected.
Disclosure of personal data
Your Personal Data will be disclosed within ATS only to those individuals who need access to your Personal Data to perform their duties for the purposes listed in above or where required or permitted by applicable law.
ATS is a wholly owned subsidiary of the Euromaster Group (the “Group”). We also disclose your Personal Data to affiliated companies of Group for pursuing the purposes listed above or where required by applicable law.
Within the Group, your Personal Data will be disclosed only to a limited number of restricted individuals within the information systems/information technology, human resources, legal, finance, data processing, regulatory and compliance and accounting departments as well as certain managers (i.e. only persons with assigned responsibility or managerial responsibility for the prospective employee/job applicant) to the extent any of these functions need access to your Personal Data in connection with their job responsibilities. Access will be provided on a need-to-know basis. Disclosure may take place also through specifically devoted human resources information systems and databases or business applications.
We also disclose your Personal Data to third parties providing information technology support or technical and organisational services in connection with human resources related activities or tax authorities, regulatory authorities, ATS' insurers, bankers, IT administrators, lawyers, auditors, investors, consultants and other professional advisors, payroll providers, and administrators of ATS benefits programmes.
We will exercise appropriate due diligence in the selection of third-party service providers, and require that such providers maintain adequate technical and organisational security measures to safeguard your Personal Data, and to process your Personal Data only as instructed by us or a member of our Group and for no other purposes (i.e., as so called processors).
The relevant categories of these service providers are:
IT services provider (HR management system provider including hosting, supporting and maintaining the framework of our HR information systems.)
Recruitment systems service provider.
Local payroll and benefits systems service provider.
We may also disclose your Personal Data to governmental authorities (such as tax and immigration authorities) as required or permitted by law; consultants for HR projects, lawyers, auditors and courts as well as potential buyers or acquirers of all or part of our business. Your Personal Data will be disclosed to such third parties only as necessary in connection with the performance of contracts, our business activities and the purposes listed above, as authorised, required, or permitted by law.
In addition, we may share Personal Data with national authorities in order to comply with a legal obligation to which we are subject. This is for example the case in the framework of imminent or pending legal proceedings or a statutory audit.
Security of data
We maintain physical, technical, and organisational security measures to protect the Personal Data against accidental, unlawful, or unauthorised destruction, loss, alteration, disclosure, or access.
Transfer of Personal Data
Due to the multinational character of the Group, some of the affiliated companies and other recipients listed above may be located in countries that do not provide a level of data protection equivalent to that set forth by the law in the United Kingdom.
ATS will take appropriate steps to make sure that such recipients act in accordance with applicable law. To the extent that we transfer the Personal Data to recipients which are located outside the United Kingdom, the European Union or the European Economic Area, we will provide an adequate level of protection of your Personal Data, including appropriate technical and organisational security measures and through the implementation of appropriate contractual measures to secure such transfer, in compliance with applicable law.
Where no adequacy decision or derogation under Art. 49 UK GDPR exists, we use standard contractual clauses in the form approved by the European Commission (https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX:32021D0914&locale=fr) and the International Data Transfer Addendum to the EU Commission standard contractual clauses.
A copy of the relevant mechanism and a list of recipients located outside the European Economic Union and the United Kingdom can be obtained for your review on request by contacting careers@ats.euromaster.com
Your rights under UK GDPR
Pursuant to the UK’s data protection laws, you have a number of rights in relation to the processing of your Personal Data.
You have the following rights under UK GDPR provided that the legal requirements therein are met:
Right of Access - You have the right to request information about the processing of your Personal Data and access to any of your Personal Data that ATS may hold, insofar as such copy does not adversely affect the rights and freedoms of others.
Right to Rectification - You have the right to request correction of any inaccurate data relating to you and/or completion of such Personal Data that is incomplete.
Right to Erasure - You have the right to request deletion of any irrelevant data we hold about you, in particular where (i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) you objected to the processing and there are no overriding legitimate interests for the processing, (iii) your Personal Data has been unlawfully processed or (iv) your Personal Data has to be erased for compliance with a legal obligation to which we are subject. The right to deletion, however, does not apply in particular where the processing of your Personal Data is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims.
Right to Data Portability - Where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that Personal Data is processed by automatic means, you have the right to receive all such Personal Data which you have provided to ATS in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to Restriction of Processing - You have the right to restrict our processing of your Personal Data where:
you contest the accuracy of the Personal Data until we have taken sufficient steps to correct or verify its accuracy;
where the processing is unlawful but you do not want us to erase the data;
where we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether ATS has compelling legitimate grounds to continue processing.
Where Personal Data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.
Right to Withdraw Consent - Where you have provided us with your consent to process Personal Data, you have the right to withdraw such consent at any time. You can do this by (i) in some cases deleting the relevant data from the relevant HR system (although note that in this case it may remain in back-ups and linked systems until it is deleted in accordance with our data retention policy) or (ii) contacting your local Human Resources contact.
Right to Object - Where we are relying upon legitimate interest to process Personal Data, you have the right to object to that processing. If you object, we then will stop that processing, unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
For further information regarding your rights, or to exercise any of your rights, please contact the HR Team on careers@ats.euromaster.com.
Right to lodge a complaint with supervisory authorities
You have the right to raise concerns to ATS or to a supervisory authority, in particular the Information Commissioner's Office for the UK, if you consider that our processing of your Personal Data infringes UK GDPR. If you wish to raise concerns with the Company, please contact careers@ats.euromaster.com.
Additional Privacy Notices
We may undertake certain processing of Personal Data which are subject to additional Privacy Notices and we shall bring these to your attention where they engage.
Notice of changes
ATS may change or update this Privacy Notice at any time.
Should we change our approach to data protection, you will be informed of these changes or made aware that we have updated the Privacy Notice so that you know which information we process and how we use this information. This Privacy Notice was last updated and reviewed on 19 November 2023.