Recruiting Privacy Policy

Avolution Recruiting Privacy Policy

Effective: October 26, 2023

1. Introduction

In this Avolution Recruiting Privacy Policy (“Policy”), references to “Avolution” or “the company” will mean the hiring Avolution company (as specified in the job description or as the context of the job description provides). Avolution and its affiliated companies will be referred to collectively as “Avolution”.

In this Policy, references to “Individuals” or “the candidates” or “the applicants” will mean the individuals who apply for an employment vacancy at Avolution.

By applying for an employment position at Avolution, online or offline, Individuals voluntarily choose to provide Avolution with their personal data and they explicitly consent to the collection, processing and use of the information subject to the guidelines as described herein. Avolution knows that Individuals care how the company uses the information about them and appreciates the trust in the company to do that carefully and sensibly. This Policy outlines how Avolution collects, uses and transfers (collectively “process”) the personal data of its candidates (“Personal Data”).

2. Policy Elements

2.1 The Controller

The controller is the hiring Avolution company; it determines how and why Individuals’ Personal Data is processed.

2.2 Processing Of Individuals Personal Data

Avolution will process Individuals’ Personal Data for job recruiting and placement purposes, including notification of future job opportunities, and, for successful candidates, for employment purposes. Individuals will find details on the Personal Data processed and the purposes for this processing below. Sometimes, these activities are carried out by third parties, including other Avolution companies, as stated under ‘Sharing Personal Data With Others’ further down. If provided to the company, Avolution processes the following categories of Personal Data about candidates:

Identification data, including first name and surname;
Contact information, including home address, phone/mobile number, e-mail address;
Gender, date of birth, citizenship;
Data regarding responses to screening questions (where applicable);
Background and criminal check information (where applicable);
Previous employment information, including date of hire, job title, department and business unit, work location, work status (full time, part time, contractor), data pertaining to work preferences and abilities;
Resume, including education, past work experience and references;
Information on certain health conditions (only where required by law);
Job interview notes; and
Assessment results.

Processing of this Personal Data is required to enable Avolution to administer the recruiting process, including the set-up of an electronic job applicant Human Resources (“HR”) file, contacting Individuals about their application or for interviews, reviewing and managing their application, keeping records related to the application, hiring and employment process, organizing interviews, making any verification required or permitted by applicable local law, preparing candidates for employment when a job has been offered and accepted – in short, the complete process necessary for Avolution to enter into a contract with candidates. In case of legal proceedings, Avolution will need to process Individuals’ Personal Data to establish, exercise or defend the company against the legal claim. Avolution may also share Individuals’ Personal Data with other Avolution companies to consider them for future job openings and will retain their data for a limited period of time beyond an unsuccessful application for this purpose, subject to Individuals rights to object to such use of their Personal Data, as stated under ”Individuals’ Rights Under Applicable Data Protection Laws” further down.

2.3 Obtaining Personal Data

Most of the Personal Data Avolution processes is obtained from Individuals when they file their application with and submit their resume, CV, compensation requests, transcripts, references and related information to Avolution. The company also obtains Personal Data about candidates in the course of the application process (for example, during interviews or via job assessments). Other data types may be obtained from third parties, including for example, background and employment check agencies, recruitment agencies and employment references candidates provide. Since Avolution uses an online Applicant Tracking System (ATS) where Individuals elect to use their external social media accounts, such as LinkedIn, Microsoft, Facebook or Google+, to facilitate the set-up of their Avolution candidate online account, Individuals acknowledge that Avolution will be provided with the latest information from their social media accounts. Additional privacy terms of the social media service providers may apply as well.

2.3.1 Voluntary Disclosure

Individuals’ provision of Personal Data in connection with recruiting and the application process is entirely voluntary, and candidates determine the extent of information they provide to Avolution. If Individuals decide not to provide information, it may affect the company’s ability to consider them for employment. By applying for employment with Avolution, Individuals are authorizing Avolution to obtain reference information such as information about criminal record, educational history, and former employment. Individuals are also giving their consent for all persons they name to Avolution, including their former employers, to provide information concerning them and their former employment to the company. Avolution will not be liable to Individuals for reacting upon the reference information.

2.3.2 Reference and Background Checks

Individuals’ Personal Data will also be obtained from the completion of background checks. The background check may include and provide Data relating to: verification of education, past employment, criminal records, motor vehicle driving records, reference checks, civil suit records, drug test and/or investigations into incidents involving theft, fraud, harassment and workplace violence, where allowed by local law.

2.3.3 Sensitive Personal Information

Avolution does not request or require sensitive Personal Data concerning religion, health, sexual orientation, or political affiliation in connection with recruiting. If Individuals have a disability and would like Avolution to consider any accommodation, they may provide that information during the recruiting process. As well, in the United States, Avolution may ask for information such as race or ethnicity for the purpose of monitoring equal employment opportunity (EEO), in accordance with the EEO laws and EEO-1 Component 1 report submission.

Individuals expressly authorize Avolution to handle, as specified in this policy, the extent of information they provide to the company, during the recruiting or application process or otherwise, including details of their racial or ethnic origin, political opinions or beliefs, religious beliefs, membership in a trade union or political party, physical or mental health or condition, sexual orientation, commission or alleged commission of an offense or related proceedings, job evaluations or educational records.

2.4 Sharing Personal Data with Others

2.4.1 Avolution Affiliate Companies

Avolution is a global company that operates joint-administrative and cross-national by using multiple systems in order to share information about HR for the purposes of a unified recruiting system. Avolution may process the Personal Data manually or automatically by authorized employees of the Avolution companies and/or other authorized assigned third parties. Personal Data will only be shared across the Avolution affiliates in certain circumstances where it is lawful to do so, for example with limited members of the HR Department, the Legal Department or the IT department, all of which may be working for different Avolution affiliates. Whenever the company needs to share Individuals’ Personal Data, it will only do so on a need-to-know basis and with selected employees for tasks within their job responsibilities. Avolution takes appropriate steps to ensure that such employees are bound by duties of confidentiality with respect to candidates’ Personal Data.

2.4.2 Service Providers

Avolution uses third party service providers who provide technical and support services in connection with the recruitment, application and employment process. In providing the services, Individuals’ Personal Data will, where applicable, be processed by the service provider on Avolution’s behalf.

Avolution will confirm for any third party used that they can provide sufficient guarantees regarding the confidentiality and security of candidates’ Personal Data. Avolution will ensure that any third party complies with the company’s data security standards and international transfer restrictions.

2.4.3 Disclosure to other third parties

Avolution does not sell Individuals’ Personal Data to third parties. In certain circumstances, Avolution shares and/or is obliged to share Individuals’ Personal Data with third parties outside Avolution, for the purposes described above and in accordance with applicable data protection laws. These parties will act as controllers of Individuals’ Personal Data in their own right, and they will be responsible for compliance with applicable data protection laws.

These third parties may include:

Insurance companies;
Law enforcement personnel; public prosecutors;
external advisors (such as legal advisors, accountants);
payroll and bookkeeping companies;
benefits providers;
advisors in the event of a corporate transaction such as a merger or sale of assets; and
pension companies and trustees.

2.5 Transfer Of Personal Data To Countries Outside The EEA

Avolution also transfers the Personal Data it processes to countries outside the European Economic Area (”EEA”), for example, when one of its service providers (including Avolution affiliates) use staff or equipment based outside the EEA. Avolution has put in place adequate safeguards with respect to the protection of Individuals’ privacy, fundamental rights and freedoms, and the exercise of their rights.

2.6 How Is Personal Data Secured

Avolution maintains physical, electronic and procedural safeguards to protect the confidentiality, integrity and availability of Individuals’ Personal Data. Avolution has in particular taken appropriate security measures against unlawful or unauthorized processing of Personal Data, and against the accidental loss of, or damage to, Personal Data.

2.7 Retention of Individuals’ Personal Data

If Individuals’ application for employment is successful and they commence employment with Avolution, their Personal Data will be transferred to their personnel file and will be processed for employment purposes.

If Individuals’ application for employment is not successful, Avolution will keep their Personal Data for a period of 24 months upon notification that their application was not successful for the purposes of:

Contacting them for future job vacancies
The establishment, exercise or defense of legal claims

To the extent permitted or required by law, Avolution may delete Personal Data at any time; accordingly, Individuals should retain their own copy of any information they submit to Avolution.

2.8 Individuals’ Responsibilities

Individuals are responsible for the information they provide or make available to Avolution, and by providing it to Avolution in any form, they are certifying that it is honest, truthful, accurate, complete and not misleading in any way. Any omission or misrepresentation of any material fact from any information Individuals provide or make available to Avolution at any time and in any form will be cause for immediate dismissal. Individuals must ensure that the information provided does not contain material that is obscene, defamatory, or infringing on any rights of any third party; does not contain malicious code; and is not otherwise legally actionable. Further, if Individuals provide any information concerning any other person, such as individuals they provide as references or family member/emergency contact, they are responsible for providing any notices and obtaining any consents necessary for Avolution to collect and use that information as described in this policy.

3. Questions And Queries

For further information about Individuals’ Personal Data protection rights, Individuals can contact their hiring Avolution company or the Avolution Privacy Department at [email protected].

If Individuals have any complaints regarding Avolution’s compliance with this Policy, they should first contact the company at [email protected] with a thorough description. Avolution will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Individuals’ personal information in accordance with this Policy. If Individuals have an unresolved privacy or data use concern that Avolution has not addressed satisfactorily, they may contact the regulatory authorities.

4. Changes To This Notice

Avolution may update this Policy from time to time. In the event that Avolution makes a material change that reduces Individuals’ rights or Avolution obligations under this Policy, the company will use commercially reasonable efforts to provide Individuals with the updated Policy in advance of the change actually taking effect and will post a prominent notice in this section of this Policy notifying users when it is updated. Avolution encourages Individuals to review the content of this Policy regularly.