JOB APPLICANT PRIVACY NOTICE

U.S. Employees

(Effective Date: November 27, 2018)

This Job Applicant Privacy Notice (“Privacy Notice”) applies to job applicants and tells you how Fontana America, Inc. (“Fontana“, “we” or “us“) processes the personal data you submit as part of the application and selection process (or ask a recruiter to do so on your behalf). It also describes your data protection rights, including a right to object to some of the processing which Acument carries out in the United States.

We may also provide you with additional information when we collect personal data, where we feel this would be helpful to provide relevant and timely information.

WHAT PERSONAL DATA WE COLLECT

Fontana collects and processes the following types of personal data about you in connection with your job application.

Contact details: such as your name, home address, email address, phone number;
Information relating to your career: such as job history, academic background, qualifications, professional and personal competencies and skills, your job expectations;
Information about your history of remuneration & benefits and your salary expectations;
Information relating to your employment references (you will have ensured you have obtained consent from your references prior to providing us the information);
Information collected as part of the hiring process such as assessments and aptitude tests;
Identification information, as part of the pre-hiring process: such as copies of identification documents, authorization to work in the United States, and where permitted, information concerning your race and ethnicity which will only be used for government reporting purposes and to assist us with our Affirmative Action Plan;
Records concerning any driving, criminal history, credit history, civil record, and workers’ compensation (post-offer).
Verification of academic and/or professional credentials, and information and/or copies of documents from any military service records.
Any other information you submit to us as part of the recruitment process.

Such personal data may be collected in different ways: it may be contained in your resume, in your application form, your identification document, benefit information, medical records or may be gathered from interviews or assessments you take during the recruitment process. In some cases, it may also be collected from third parties, for example when seeking employment references or if we receive details of a certification or training you obtained. We may also obtain medical information if a post-offer medical certification is required or a medical leave or return to work authorization is required. We may also receive your resume from recruiters and the results of verification and vetting checks from background checking providers.

Unless specifically responding to a question asked by us, please do not include any sensitive data as part of your application, i.e. information relating to your racial or ethnic origin, age, political opinions, religious beliefs, trade union membership, health status, sexual preference or sexual identity, or information regarding criminal arrests or convictions. If we do require this information in connection with your application, this will be highlighted to you where we will obtain any necessary consents or acknowledgements.

Fontana is committed in leveraging each applicant’s skills and competencies to find the right match for a role in the organization as opportunities arise.

If you are successfully hired, Fontana keeps this information for the course of the employment relationship and, to the extent permitted, after termination of employment. The protection of your personal data will then be governed by the applicable Fontana internal policies.

If your application is not successful, we will keep your personal data for a period of five (5) years from the end of the recruitment process for the purpose of considering you for future job opportunities that may be relevant to you or in defense of our policies and procedures.

WHY WE COLLECT, USE AND STORE PERSONAL DATA

Fontana processes this personal data for the following purposes:

As required to establish and perform the employment contract. This includes processing your application for a specific job.
Where necessary for Fontana’s or another third party’s legitimate interests, as listed below, and where these interests are not overridden by your data protection rights.

Administrating the recruitment process;
Managing the selection process, making appropriate employment offer;
Protecting our legitimate business interests and legal rights, and where permitted;
Where permitted, analyzing and monitoring the diversity of the applicants, in accordance with applicable laws. This includes for example, compliance with equal opportunity employment laws and for our Affirmative Action Plan; and/or
Carrying out background checks to verify the details you have supplied during the recruitment process.

We have carried out balancing tests for all the personal data processing we carry out on the basis of legitimate interests, which we have described above.

Where required by applicable laws. Immigration documentation (Form I-9) is processed to ensure the candidate is entitled to work on the territory where the job is located.
To comply with specific provisions of law concerning personal data processing at work or for reasons of substantial public interest as determined by local law.

HOW YOUR PERSONAL INFORMATION IS SHARED

Your personal data will be shared with companies providing services under contract to the Fontana, companies such as software and data storage providers. In addition, it may also be shared with government authorities, regulators and/or law enforcement officials if required for the purposes above, if mandated by law or court order and if required for the legal protection of Fontana’s legitimate interests in compliance with applicable laws.

HOW WE PROTECT YOUR PERSONAL DATA

Fontana has taken appropriate technical, administrative, physical and procedural security measures, consistent with local and international information practices, to protect the personal data from misuse, unauthorized access or disclosure, loss, alteration, or destruction. These measures include:

Physical safeguards, such as locked doors and file cabinets, controlled access to our facilities, and secure destruction of media containing personal data.
Technology safeguards, such as use of anti-virus and endpoint protection software, passwords, encryption, and monitoring of our systems and data centers to ensure compliance with our security policies.
Organizational safeguards, through training and awareness programs on security and privacy, to ensure employees understand the importance and means by which they must protect personal data, as well as through privacy policies and policy standards that govern how Fontana treats personal data.

YOUR RIGHTS

You have the right to ask Fontana for a copy of your personal data and to request correction of data that is collected by Fontana or third party providers; and to obtain the personal data you provide in a structured, machine readable format.

In addition, you can object to the processing of your personal data in some circumstances (in particular where we don’t have to process the personal data to meet a contractual or other legal requirement). If you object, this may delay or end the processing of your application.

Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to Fontana processing your personal data, this will not affect any processing which has already taken place at that time. There are exceptions to these rights so that access may be denied, for example, if making the information available would reveal personal information about another person or if Fontana is legally prevented from disclosing such information. We will inform you of relevant exemptions we rely upon when responding to any request you make.

Ifyou have unresolved concerns, you have the right to complain to the data protection authority in the state where you live, work or where we are located. You may also be able to seek a remedy through the courts if you believe that your rights have been breached.

It is important that we maintain up to date records of key information on you. Please notify us of any changes in your personal circumstances as soon as they occur (e.g. change of address,).

Where we require personal data to comply with legal or contractual obligations, then provision of such personal data is mandatory: if such personal data is not provided, then we will not be able to manage the recruitment process or meet obligations placed on us. In all other cases, provision of requested personal data is optional. However, we may not be able to process your application properly and may discontinue further consideration for employment.

UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice may be updated periodically. We will update the date at the top of this Privacy Notice accordingly. On some occasions, we may also actively advise you of specific data handling activities or significant changes to this Privacy Notice as required by applicable law.

CONTACT US

The Human Resources Manager for your work location or the Corporate Director of Human Resources and Administration for your personal data.

If you have questions about this Privacy Notice or wish to contact us for any reason in relation to our personal data processing, please contact jdeming@acument.com or at the address set forth below.