EMEA CANDIDATE PRIVACY NOTICE
Issue: 17 May 2018
We respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with applicable law. It is important that you read all of this privacy notice ("Privacy Notice") carefully as it sets out how Cushman & Wakefield ("C&W", "we" or "us") handles your personal information when you apply for a job or other role with us and the rights you have in connection with that information. The term "applicants" is used in this Privacy Notice to refer to anyone who applies for a job role, or who otherwise seeks to carry out work with or for us (whether on a permanent or non-permanent basis).
If you have any comments or questions about this Privacy Notice, please contact us using the contact details set out in Section 9 below.
2. Types of personal information we collect when you apply
Information that we collect automatically
You can visit the recruitment section of our website ("Website") and search for jobs without providing personal information. However, we do collect certain information automatically from your device when you visit our Website. For further information, please see the privacy notice that applies to the use of our Website.
Personal Information collected from you
Where permitted by, and in accordance with applicable law, the types of personal information we collect and use when you apply for a role and during the recruitment process with C&W includes (but is not limited to):
- Identification data and contact details – including your name, address, email address, phone number and other contact information, gender, date of birth, nationality/ies, national identifiers (such as national ID/passport, social security number(s)).
- Employment history – such as previous employers and job titles/positions.
- Background information – such as academic/professional qualifications, job qualifications, education, details included in your CV/résumé (which might include details of any memberships or interests constituting sensitive personal information), transcripts and employment references.
- Details of your nominated referees (including their name, contact details, employer and job role).
- Details of your immigration/visa status.
- Previous applications/roles (information relating to previous applications you have made to the C&W Group and/or any previous employment history with the C&W Group).
- Job application information (such as the roles for which you are applying, your job application and related documentation/communications, cover letters, information from interviews and phone screenings, compensation/benefits requests, relocation information).
- CCTV/Building access control – for the purposes of any visit to a C&W premises (e.g. for interview), please note that we may deploy CCTV and/or building access controls (which involve the processing of CCTV images and/or other personal information such as visitor name and time of access to the building) for security and law enforcement purposes, to establish, exercise or defend our legal rights and/or to protect the vital interests of any person.
- Other information you voluntarily provide throughout the process, including through assessment centres / exercises and interviews.
We will obtain your explicit consent to process any of the above personal information, if required to do so by applicable law.
As a general rule, during the recruitment process, we do not collect or process any of the following: information that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or information concerning your health/sex life, unless permitted by applicable law or where necessary to comply with applicable law ("Sensitive Personal Information").
In some circumstances, to the extent permitted by, and in accordance with, applicable law, we may need to collect, or request on a voluntary disclosure basis, some Sensitive Personal Information for legitimate recruitment-related purposes: for example, information about your racial/ethnic origin, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination or other laws and for government reporting obligations (any reports produced by us in this context would not directly identify you, unless we are legally required to do so); or information about your physical or mental condition to consider accommodations for the recruitment process or at job offer stage for the purposes of making any necessary accommodations for the relevant job role. You may provide, on a voluntary basis, other Sensitive Personal Information during the recruitment process.
Personal information collected from other sources and operation of a talent pool
We may collect personal information other than directly from you, for example:
- Information provided by recruitment or executive search agencies.
- References provided by referees.
- Other background information provided or confirmed by academic institutions and training or certification providers.
- Criminal records data obtained through criminal records checks (in certain countries where such checks are permitted by applicable law and are carried out).
- Information provided by background checking agencies and other external database holders (for example credit reference agencies and professional / other sanctions registries).
- Information collected from publicly available sources, including any professional social media platforms you use or other information available online.
- From other C&W group companies for the purposes outlined in this Privacy Notice.
(in each case where permissible by, and in accordance with applicable law, including any requirement in relation to obtaining your consent, and, in the case of criminal records checking, use of background checking agencies, and collecting information from publicly available sources, where justified by reference to the job role, in which case you will be provided with further information prior to the checks being carried out).
If your application is unsuccessful, we will add your personal information to our talent pool for the purposes of creating a profile about you within such talent pool. We may combine the personal information you provide to us with information obtained from third party sources, including publicly available sources for such purposes (e.g. publicly available platforms on which you publish a professional profile).
We will retain this profile information for a period of time (as per Section 6 below) to identify job opportunities for which you may be suitable from time to time and in order to contact you about such opportunities (and to ensure that we do not contact you again in relation to the same or similar roles). You can opt out of your inclusion in the talent pool at any time by contacting the email address in Section 9 below. If required by law, we will obtain your consent before including your personal information in the talent pool.
3. Purposes for processing personal information
We collect and use this personal information to manage our recruitment related activities, for organisational planning purposes globally, as well as to comply with applicable laws and regulations. Consequently, we use your personal information to identify and attain new talent, to determine your qualifications and to reach a hiring decision and to generally manage and improve our recruitment and hiring processes. This includes assessing your skills, qualifications and background for a particular role, setting up interviews and tests, verifying your information, carrying our reference checks or background checks (where applicable), generally managing the hiring process and communicating with you about it.
If you are accepted for a role at C&W, the information collected during the recruitment process will also be used to assist with the process of on-boarding (including establishing systems access and preparing for induction), will form part of your ongoing staff member record (where relevant to the ongoing employment relationship).
4. Who we share your personal information with and transfers abroad
We take care to allow access to personal information only: (i) to those who require such access to perform their tasks and duties; (ii) to our group companies for processing in accordance with this Privacy Notice; and (iii) in the other circumstances described below in this section. Whenever we permit a third party to access personal information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Privacy Notice and that the security and confidentiality of the information is maintained.
Transfers to other group companies
We will share your personal information with other members of the C&W Group for processing in accordance with the purposes set out in this Privacy Notice.
Transfers to third party service providers
We may make certain personal information available to third parties who provide services relating to the recruitment process to us, including:
- in-country recruitment or executive search agencies involved in your recruitment;
- in-country background checking or other screening providers and relevant local criminal records checking agencies (where relevant);
- IT service providers, i.e. data storage, IT applications/tools providers, IT developers and support providers and providers of hosting services in relation to our careers website;
Further information about our group companies and about the IT service providers that may process your personal information (and their locations) can be provided on request via the contact details indicated below. These service providers may change over time but we will always seek to ensure that any third parties who handle your personal information will do so in a manner consistent with this Privacy Notice and in accordance with applicable data protection law.
We may also disclose personal information to third parties on other lawful grounds, including:
- Where you have provided your consent;
- To comply with our legal obligations, including where necessary to abide by law, regulation or contract, or to respond to a court order, administrative or judicial process, including, but not limited to, a subpoena, government audit or search warrant;
- In response to lawful requests by public authorities (including for tax, immigration, health and safety, company registry, national security or law enforcement purposes);
- To relevant regulators, where C&W proposes to provide regulated training to you as part of the potential role;
- As necessary to establish, exercise or defend against potential, threatened or actual legal claims;
- Where necessary to protect your vital interests or those of another person; and/or
- In connection with the sale, assignment or other transfer of all or part of our business.
In some cases, the sharing described above may result in your personal information being transferred internationally, including from the European Economic Area to a country outside it. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).
Specifically, our Website servers are located in the United States, and our group companies and third party service providers are based around the world. This means that when we collect your personal information, we may process it in any of these countries. For example, we use a recruitment platform that entails the processing of recruitment personal data in the US.
However, we take steps to safeguard your personal information in accordance with this Privacy Notice. These include implementing the European Commission’s Standard Contractual Clauses (under Article 46.2 of the General Data Protection Regulation) for transfers of personal information to our US headquarters. Our Standard Contractual Clauses can be provided on request.
In the context of certain arrangements with our third party service providers we rely on the registration of such service providers with EU-US Privacy Shield (pursuant to Article 45 of the General Data Protection Regulation) and further details can be provided upon request.
5. Legal basis for processing personal information
Under European data protection law, our legal basis for processing your personal information as part of the recruitment process is:
- to comply with applicable immigration and/or employment laws and regulations;
- to take steps prior to entering an employment contract with you, where you are considered for employment;
- to protect the rights and interests of the C&W Group, our employees, applicants and others, as required and permitted by applicable law;
- your voluntary consent;
- our legitimate interests (as summarised above in Section 3) (which are not overridden by your data protection interests or fundamental rights and freedoms, particularly taking into consideration the safeguards that we put in place, for example, those outlined in Section 4 above).
You can choose not to provide personal information to us. However, unless otherwise indicated, where we request information from you, it is necessary to comply with a legal requirement or to consider your suitability for an offered job.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided in Section 9 below.
6. Data retention periods
Personal information will be stored in accordance with applicable laws and kept as long as needed to carry out the purposes described in this Privacy Notice or as otherwise required by applicable law.
If your application is unsuccessful and you do not opt-out of inclusion of your personal information in our talent pool, we will keep your profile information for 12 months from the date that you submitted your application (or the latest update of your details by you). Prior to deleting your profile information, we may send you a reminder to give you an option to keep your personal information in our talent pool after the above period. If you say yes, we will keep your personal information for an additional 12 month period. If required to do so under applicable law in a particular EMEA country, we will obtain your explicit consent to inclusion of your details in the talent pool.
Where we undertake vetting for certain positions (where permissible and in accordance with applicable law), we will destroy the information obtained by a vetting exercise as soon as possible, or in any case, within 6 months (retaining only a record of the result).
In general, we will not hold recruitment records beyond the statutory period in which a claim arising from the recruitment process may be brought unless there is a clear business reason for exceeding this period.
8. Your data privacy rights
If European data protection laws apply, you may exercise the rights available to you under those laws as follows:
- If you wish to request access, correction, update or deletion of your personal information, you can do so at any time by contacting us using the contact details provided in Section 9 below.
- You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can do so by contacting us using the contact details provided in Section 9 below.
- If we process your personal information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9. Contact details