Privacy Statement

TMF Group Privacy Statement for Processing of Candidate Employee Personal Data

1. Processing Purposes

TMF Group (“we”, “us”, “our”) collects and uses candidate employee’ (“candidate”, “you”, “your”) personal data for the administration and management aspects of candidates’ possible employment at TMF Group. More specifically, TMF Group uses the candidate’ personal data for the following purposes:

  1. the pre-employment phase and administration of the contract we are entering with you;
  2. when visiting our offices to register you as a visitor;
  3. for making decisions about employment with us;
  4. complying with applicable laws and regulations, such as taxation rules, compliance with requests from governmental agencies or judicial services (including the provision of your data to governmental agencies for statistical purposes where required by law), other employment laws and regulations applicable to us;
  5. dealing with candidate legal disputes and to establish, exercise and defend (potential) legal claims;
  6. liaising with insurance, pension and health providers and complying with our obligations in that regard;
  7. for the management of IT systems and operational processes within the company (e.g. our HR systems, logs and monitoring of certain email traffic or internet use).

Annex 1 contains a list of (a) general and (b) special types as well as categories of personal data that TMF Group collects and uses from candidates.

2. Legal Bases for Processing of Candidates’ Personal Data

TMF Group collects and uses candidate’ personal data in accordance with applicable data protection laws and regulations. This means that TMF Group will only use your personal data if this is adequate, relevant and limited to necessary purposes for which the data was collected (as set out in Chapter 1).

TMF Group entities may only process TMF Group candidate’ personal data on one of the following legal bases:

  1. To perform the employment contract;
  2. To comply with a legal obligation to which they are subject;
  3. Where this is necessary for its legitimate (business) interests (or those of a third party) and candidate interests and fundamental personal rights are not overridden by those interests. Furthermore, TMF Group entities legitimate interests are TMF Group interests to secure, defend and develop TMF Group business and its people and to make strategic and corporate responsibility decisions that TMF Group deems necessary. Where required, TMF Group will inform candidates about further legitimate interests where this becomes relevant;
  4. Where a TMF Group entity has sought an explicit consent. This will usually be the case during the recruitment process.

3. Retention of Candidate’ Personal Data

TMF Group entities retain candidate’ personal data only for as long as required to complete the recruitment process, unless (i) a longer retention period is valid pursuant to consent provided by you, (ii) for fulfilment of TMF Group entity legal obligations or (iii) to defend a legal claim.

Employee candidates’ personal data will be deleted after the recruitment procedure has been completed, unless: (i) the candidate has been hired, when his/her data may be retained pursuant to other legal ground i.e. employment contract, or (ii) the candidate has provided consent to TMF Group to retain his/her data for a longer period. Provided consent shall satisfy the legal requirements for valid consent.

4. Disclosure and Transfer of Candidate’ Personal Data

For the purposes listed under section 3 above, TMF Group may share candidate’ personal data on a need to know basis with:

  1. colleagues within TMF Group, both in the country where you (are applying to) work and in other countries in which TMF Group operates, as required for the evaluation purposes, including to countries outside the European Economic Area ("EEA")), and/or
  2. third parties which assist TMF Group for candidate employee selection and evaluation purposes or, in case of employees, as indicated under section 3.

This includes transfers to vendors and suppliers we use to process personal data on our behalf, such as support for payroll and IT, successors in title of our business in case of a corporate transaction and competent regulatory authorities, enforcement authorities and other governmental agencies.

These third parties and purposes for disclosure and transfer of your personal data to them is included in Annex 2.

TMF Group takes all reasonably necessary steps to ensure that candidate’ personal data is shared and treated securely and in accordance with this Privacy Statement and applicable law. This means that we shall have entered into legally necessary contracts with recipients of personal data, including Standard Contractual Clauses ("SCC's") as approved by the European Commission or equivalent means with parties outside the EEA that do not provide for an adequate level of protection.

You are entitled to receive a copy of any documentation showing the suitable safeguards that have been taken by making a request to the address as provided under section 6.

5. Candidate’ Rights

Subject to the conditions set forth in the applicable law, candidates have the right to request, review, correct, update, suppress, restrict or delete personal data that they have provided to TMF Group during the preemployment, or if they would like to request to receive an electronic copy of such personal data for purposes of transmitting it to another company, they may contact their recruitment representative, or submit their enquiry centrally at the address indicated in Chapter 6.

Your request needs to specify what personal data needs to be changed, whether the personal data needs to be suppressed or deleted from the database, or otherwise what limitations the candidate’ would like to put on TMF Group use of such data.

TMF Group may need to retain certain personal data for recordkeeping purposes and/or to complete any transactions that the candidate’ began prior to requesting a change or deletion, pursuant to applicable laws or competent court, supervisory or regulatory body, which require the retention of such personal data by TMF Group.

In the event candidate’ personal data is processed on the basis of your consent, you can withdraw consent at any time at the contact details indicated below specifying your request.

You may lodge a complaint with a supervisory authority, in particular in its country of residence, if he/she considers that the collection and use of his/her personal data infringes this Privacy Statement or applicable law in the country where the processing takes place.

6. Contact

Any candidate’ having questions or concerns regarding TMF Group use of his/her personal data, or to exercise any of their rights, can contact the local recruitment representative, or else send a letter or email addressed to the following:

TMF Group B.V.

Attn. Chief Privacy Officer

Herikerbergweg 238

1100 DW Amsterdam

or otherwise via email at: dataprotection@tmf-group.com.

 

Annex 1   List of general and special types and categories of personal data that TMF Group collects and uses
Types of Personal Data

Used

Type

Used

Type

R

Name

R

Address

R

Telephone number

R

Email address

R

Nationality

R

Date of birth

R

Gender

R

Place of birth

R

Marital status

R

National identification number

R

Curriculum vitae data

R

Compensation and benefits

R

Photo

R

User account details

R

IP-number

 

 

Special Categories of Personal Data
(processing of this data takes place only under one of the permitted legal bases, e.g. consent or for the establishment, exercise or defence of legal claims, processing relates to personal data which are manifestly made public by the data subject)

£

Racial or ethnic data

£

Data concerning sexual life

£

Political opinions

£

Trade union membership

£

Religious of philosophical convictions

£

Mental health

£

Physical health

£

Genetic data

£

High-risk situations and behaviour

£

Biometric data (e.g. fingerprints, iris scans)

R

Health care related data

£

Convictions and sentences

£

Registered suspicions and indictments

£

Administrative sanctions

£

Judicial measures

 

 

 

Categories of Personal Data

Used

Type

Used

Type

R

Applicant data

R

Individuals indicated in the references

Annex 2   List of Third Parties Processing Candidate’ Personal Data Processed on Behalf of TMF Group[1]

 

Name

Address

Reason

HireRight

HireRight Limited

Gun Court, 70 Wapping Lane

London E1W 2RD

United Kingdom

Employment / new position assessment

Launchpad

LaunchPad Recruits Limited

Fleet House, 8-1 New Bridges Street

London EC4V 6AL

United Kingdom

Facilitation of video interviews for candidate employees

Microsoft Corporation

Microsoft Ireland Operations, Ltd

One Microsoft Place

Couth Country Business Park

Leopardstown

Dublin 18, D18 P521

Ireland

 

Microsoft Corporation

1 Microsoft Way

Redmond, WA

98052, USA

Storage of personal data and communication facilitation

PageUp

PageUp People Limited

71-75 Shelton St

Garden Studios, Covent Garden

London, WC2H 9JQ UK

United Kingdom

Recruitment process administration



[1] Please note that TMF Group entities in your country may have engaged other third parties to fulfil the processing purposes indicated in Chapter 1. Please submit a request at your local recruitment representative to receive the information about these local third parties or else submit your request to the contact person indicated in Chapter 6 of this document.