Effective Date: 10 July 2019
Personal privacy is very important to Qubole, Inc. (“Qubole”). We are committed to safeguarding the personal data of our customers and the data we manage on behalf of our customers. And we are equally committed to safeguarding your personal data if:
This policy applies to the following stakeholders (hereafter: “you”/ “your”):
This Policy outlines the obligations of Qubole and its subsidiaries (hereafter: “we”/ “our”/ “us”) as an employer or principal towards you, and your obligations towards us, in terms of data protection and how privacy protection is applied. By accepting the terms of your employment contract and/or your Confidentiality and Privacy Agreement with us, or when applying to work with us, you are consenting to this Policy. We expect that you honor this commitment to security and privacy after the completion of your contract.
“Personal Data” means: any information relating to an identified or identifiable natural pers on (data subject); an “identifiable natural person” is one 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (Art.4(1) EU GDPR)
With the increasing priorities around personal privacy and transparency throughout the regions Qubole operates in, Qubole strives to comply with all relevant regional and regulatory requirements concerning privacy and data protection of Qubole employees, contractors, consultants and agency staff employees where Qubole operates. We abide by regulations and national laws and we fully comply with and support activities that seek to verify our compliance in the form of investigations and audits, whether they are from supervisory authorities or companies for due diligence. We are committed to ensuring the security of any personal data processed by us. We report data breaches as quickly as possible and take a result-oriented approach to effectively and efficiently resolve any issues resulting from an unintentional or unforeseen data breach.
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 our Data Governance Policy. As an additional safeguard, our Compliance team performs ongoing monitoring to ensure that our Data Governance Policy is 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:
In specific cases, the following collection of personal data may apply, but are not limited to these examples:
Under the above obligations and specific cases, we may collect the following kinds of personal data:
Other information required for us to comply with our obligations as an employer under local laws
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 closely monitored and reviewed by the Qubole Privacy team. Your personal data is securely stored and processed using technical and organizational 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 Technology Acceptable Use and Data Governance Policies. To fulfil our contractual obligations, we may provide your contact details to our vendors and suppliers for the purposes of service support. These data transfers are governed by Data Processing Agreements, which are monitored regularly by the Qubole Privacy team.
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 Compliance team 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.
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 Compliance team.
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.
Sensitive data: is categorized 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).
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 anonymized 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.
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 operational processes which place restrictions on who has access to this data and how it is stored or processed.
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).
For the purposes of physical security, the buildings of our offices may have video surveillance to monitor and secure 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 Qubole Information Security that relevant privacy rules are applied.
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).
Under no circumstances do we collect sensitive personal data relating to political opinions; religious beliefs; membership of a trade union; sexuality.
Employee personal data shared as above may be shared with third parties, or stored, outside the region collected (examples the European Economic Area) in which case we will ensure that the data transferred is limited to only data required, there is an appropriate legal basis for such Transfer, and appropriate safeguards are in place to protect your personal data, in accordance with applicable data protection regulations.
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 the Qubole Privacy team (email: [email protected]) 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.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted with relations to concerns around the transfer your personal data between the EU and United States.
EU nationals who have an unresolved concern related to data privacy can lodge a complaint with your local data protection authority or the UK Information commissioner’s office (ICO), which is Qubole’s lead supervisory authority in the EU. Click on this link to know who our local data protection supervisory authority is: https://edpb.europa.eu/about-edpb/board/members_en
The following obligations apply if you are a current or former employee, contractor, consultant, agency staff, or applicant.
As Employees, contractors, and/or consultants, you are obliged to uphold strict confidentiality and security regulations in the processing and handling of personal data. You are obligated to follow Qubole’s Technology Acceptable Use and Data Governance Policies provided as part of the Qubole onboarding process and published on Qubole’s intranet.
You are obliged to attend information security and data protection training. We will also provide awareness materials to keep you regularly updated and provide you with dedicated training which is tailored to your role in processing personal data.
During employment and after termination you are obliged to maintain data protection and professional confidentiality regarding all matters relating to us and our business, as laid down in your confidentiality agreement that you entered into with us as part of the onboarding process.
Breaches of confidentiality, both in terms of data protection and professional confidentiality constitute a material breach of your employment agreement, which may result in additional training for corrective actions. Breaches resulting from malicious actions or gross negligence may result in termination of employment, legal action, whereby you may be required to pay compensation to us for civil or business liabilities arising as a result of such actions.
To ensure accuracy of records, you must notify HR within 30 days of any changes to personal data or circumstances. For example: a change of address, marriage, etc. This ensures that your personnel records are kept accurate and up to date.
Upon end of employment, contract or the replacement of assets, it is your responsibility to ensure: