GENERAL RECRUITMENT PRIVACY NOTICE FOR TOSHIBA GROUP ENTITIES IN THE EEA1. SCOPE OF PRIVACY NOTICE
Toshiba Europe Ltd maintains, on behalf of Toshiba Group entities in EMEA Region, a recruitment website and system based in the United Kingdom, used to source talent for job opportunities across our group businesses in Europe, Middle East, Africa, including Russia and UAE Countries, as well as other jurisdictions such as Japan from time to time.
Like most businesses, we hold and process a wide range of information, some of which relates to individuals who are applying to work for us. This notice focuses on individuals who are applying to work for us, the data we process as part of the recruitment process and how long it will be retained for. It also sets out information which must be provided under the General Data Protection Regulation (GDPR). IN BRIEF, THIS NOTICE EXPLAINS: what personal data we hold and why we process it; the legal grounds which allow us to process your personal data; where the data comes from, who gets to see it and how long we keep it; how to access your personal data and other rights; how to contact us. 2. APPLYING FOR A VACANCY
When applying for a vacancy please be aware that Toshiba Europe Ltd acts as the Data Controller. However, depending on the role you are applying for, data may also be shared with any subsidiary or affiliate company that may potentially employ you as per the following: Within the EEA. In this case, Toshiba Europe Ltd and the particular entity you are applying to, act as joint data controllers and an additional specific entity’s privacy notice may also apply depending on the company/country you are applying to. If you wish to see any additional privacy notice of a specific country/jurisdiction, please refer to the particular entity for the vacancy you are interested in. Outside the EEA. By applying for a vacancy outside EEA Region, you are giving your consent to Toshiba Europe Ltd to collect, process and share your data with the appropriate entity and for that entity to collect and process your data for the purposes of your job application. In such cases, an additional privacy notice may apply and you should contact the relevant recruiting entity for further details. Regardless of location and jurisdiction, all Toshiba Group subsidiaries and affiliates abide to the highest standards in dealing with personal data in accordance with the Data Protection requirements. In some cases you may find vacancy from Toshiba Group Companies that are not consolidated and entirely owned by Toshiba including but not limited to Dynabook Europe GmbH, Toshiba Memory Europe GmbH, OCZ Storage Solutions UK Limited and TMEIC Europe Limited. In such cases Toshiba Europe Ltd and the particular entity you are applying to may act as a joint data controllers. By applying for a vacancy in one of these companies, you are giving your consent to Toshiba Europe Ltd to collect, process and share your data with the appropriate entity and for that entity to collect and process your data for the purposes of your job application. In such cases, an additional privacy notice may apply and you should contact the relevant recruiting entity for further details. All Toshiba Group subsidiaries and affiliates abide to the highest standards in dealing with personal data in accordance with the Data Protection requirements. 3. DATA PROTECTION PRINCIPLES
We will comply with data protection law and principles, which means that your data will be:Used lawfully, fairly and in a transparent way. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes. Relevant to the purposes we have told you about and limited only to those purposes. Accurate and kept up to date. Kept only as long as necessary for the purposes we have told you about. Kept securely.
Most information held by Toshiba in relation to your application is held for a legitimate business interest of Toshiba. This is the legal basis for Toshiba keeping and using information about you. Some information is held by us because there is a legal requirement for us to do so. Toshiba does not normally seek to hold information which is not necessary. If you have given additional, optional, information (beyond that which is required by Toshiba) the legal basis for Toshiba’s use of that additional data is your consent. You have the right to withdraw that consent at any time.
Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
|Term ||Ground for Processing ||Explanation |
|Contract || |
Processing necessary for performance of a contract with you or to take steps at your request to enter a contract
|This covers carrying out our contractual duties and exercising our contractual rights. |
|Legal Obligation || |
Processing necessary to comply with our legal obligations
|Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination. |
|Legitimate Interests ||Processing necessary for our or a third party’s legitimate interests || |
We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data.
Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.
|Consent ||You have given specific consent to processing your data || |
In general processing of your data in connection with employment is not conditional on your consent. But there may be occasions where we do specific things such as provide a reference and rely on your consent to our doing so.
If you fail to provide information when requested, which is necessary for us to consider your application, we will not be able to process your application successfully. 4. PERSONAL DATA – WHAT WE HOLD AND WHY WE PROCESS IT
“Personal data” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured manual filing system We process data for the purposes of our business including recruitment, management, administrative, employment and legal purposes.
It is in our legitimate interests to decide whether to use this information when considering whether we should appoint you to a role since it would be beneficial to our business to appoint candidates with required level of skills, qualifications and suitability for the role.
Once we have considered your application, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview.
If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we will then usually take up references before confirming your appointment.
We also need to process your personal information to decide whether to enter into a contract of employment with you.
The examples in the table cannot, of course, be exhaustive. For example, although the table does not mention data relating to criminal offences, if we were to find out that someone applying to work for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes. If necessary we will also require criminal background checks for certain roles – for example those working in financial roles or with minors.
|Purpose ||Examples of personal data that may be processed ||Grounds for processing |
|Recruitment || |
Standard data related to your identity (e.g. your name, address, email address, ID information and documents, telephone numbers, place of birth, nationality, contact details, professional experience and education (including university degrees, academic records, professional licenses, memberships and certifications, awards and achievements, and current and previous employment details), financial information (including current salary information) language skills, and any other personal data that you present us with as part of your application related to the fulfilment of the role.
Information concerning your application and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work.
If necessary, we will also process information concerning your health, any disability and in connection with any adjustments to working arrangements.
|Administering our recruitment process || |
Evaluating your experience and qualifications against the requirements of the position you are applying for.
Administering our online careers portal.
Communicating with you in respect of any offer of employment we choose to make and providing you with information about our onboarding process.
|Entering into a contract with you (if you are made an offer by us) ||Information on your terms of employment from time to time including your hours and working patterns, your pay and benefits, such as your participation in pension arrangements, life and medical insurance; and any bonus or share schemes. || |
|Contacting you or others on your behalf ||Your address and phone number, emergency contact information and information on your next of kin. |
|Financial planning and budgeting ||Information such as your proposed salary and (if applicable) envisaged bonus levels. ||Legitimate interests |
|Physical and system security ||CCTV images upon attendance for interview at our premises. || |
|Providing information to third parties in connection with transactions that we contemplate or carry out || |
Information on any offer made to you and your proposed contract and other employment data that may be required by a party to a transaction such as a prospective purchaser, seller or outsourcer.
|Legitimate interests |
|Monitoring of diversity and equal opportunities || |
Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will aggregated and used for equality of opportunity monitoring purposes. Please note we may share aggregated and anonymized diversity statistics with regulators if formally required / requested.
|Legitimate interests |
|Disputes and legal proceedings ||Any information relevant or potentially relevant to a dispute or legal proceeding affecting us. || |
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “sensitive personal data”.
We may process sensitive personal data about you (for example (but without limitation), storing your health records to assist us in ensuring that we provide you with a healthy and safe work workplace or processing personal data relating to diversity monitoring).
Please note that if you accept an offer from us the business will process further information as part of the employment relationship. We will provide you with our full Workplace Privacy Notice as part of the on-boarding process.
For the avoidance of doubt, for the recruitment website Jobtrain Ltd is the legal owner of the software used in this system, which is licensed to Toshiba and any subsidiary relevant to its use. For the purposes of data protection legislation (GDPR), Toshiba Europe is the Data Controller and Jobtrain Ltd is the Data Processor of any personal information. 5. WHERE THE DATA COMES FROM AND WHO GETS TO SEE IT
Some of the personal data that we process about you comes from you. For example, you tell us your contact details and work history. If you are joining us, you may provide your banking details.
Other personal data may come from third parties such as recruiters acting on your behalf or from your references.
Your personal data will be seen internally by managers, HR and, in some circumstances (if you join us) colleagues.
If successful, Toshiba companies disclose or may disclose some of your personal data to third parties which provide services in connection with Toshiba systems, or in furtherance of any employment contract. These third parties are only permitted to use this for the purposes for which Toshiba holds your data and are subject to strict contractual requirements. The relevant Toshiba entity will then provide you a separate Workplace Privacy Notice. Data is also sometimes disclosed to others where this is necessary for the purposes for which the data is held. 6. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
In general, if you become employed by us we will keep your personal data for the duration of your employment and for a period afterwards. If you are unsuccessful in gaining employment with us, we will keep your personal data for a maximum of 12 months after informing you that you were unsuccessful. 7. TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
We will where necessary and as set out in this privacy notice transfer your personal data outside the EEA to members of our group and processors in other jurisdictions in which we are established including Japan and on rarer occasion in the US. 8. YOUR DATA RIGHTS
You have a right to make a subject access request to receive information about the data that we process about you. If at any time, you would like further clarification, in the first instance please contact the central resourcing team at firstname.lastname@example.org
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself (for example, your address), you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent or Contract. 9. CONTACT DETAILS
In the first instance, please contact the Central Resourcing Team at email@example.com
for all queries.
If you have complaints relating to our processing of your personal data, you should put these in writing to:
Toshiba Europe Limited
1st Floor, 3 Furzeground Way
Uxbridge UB11 1EZ
United Kingdom10. STATUS OF THIS NOTICE
This Notice does not form part of any contract of employment you might enter into and does not create contractual rights or obligations. It may be amended by us at any time.
Where this Notice has been provided in different languages, the translation is only for your convenience and if there is any contradiction between the English language version of the Notice and the translation, then the English language version shall take precedence.
Last Updated June 2019 v2