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Employee Candidate Data Protection Description

EU GDPR compliant version

Effective Date: 16 October 2017

 

Data Controllers:

 

1)     Konecranes Global Corporation, (Finnish Business ID 2711339-8)  

Address: Koneenkatu 8 (P.O.Box 661), 05830 Hyvinkää, Finland

Telephone:  +358 (0)20 427 11

 

2)     Konecranes Plc, (Finnish Business ID  0942718-2)

Address: Koneenkatu 8 (P.O.Box 661), 05830 Hyvinkää, Finland

Telephone:  +358 (0)20 427 11

Contact Person in Matters Related to Data File:

Lasse Toivonen (Data Protection Manager)

firstname.lastname@konecranes.com

Mailing address and telephone number as above.

Data File Name:

     

Konecranes Group Employee Candidate Data File

Data Subjects:

 

Konecranes Group (Konecranes Plc and its affiliated companies) employee candidates and possibly referred third parties (e.g. earlier employers or other referees) – in the US and Canada also relatives of employee candidates working for Konecranes Group companies (limited personal data only)

Legal Basis for the Processing and Purpose of Use of the Personal Data:

Processing of personal data ("Employee Candidate Data") is generally and primarily based on:

1)     Consent(s) received from the employee candidate and/or third parties;

2)     Mandatory legal (e.g. labor, data protection, and non-discrimination laws as well as penal codes), obligations and rights of data controllers; and

3)     Legitimate interest of data controllers (need to fulfill open job positions).

The data subject may, at any time, withdraw the consent to the processing of Employee Candidate Data.

The general purpose for processing and use of the Employee Candidate Data is recruitment of personnel to Konecranes Group companies.

In detail, the purposes for processing and use of the Employee Candidate Data are:

1)     Recruitment and talent management (incl. data and document management);

2)     Reporting and analytics;

3)     IT system and process development;

4)     Access management; and

5)     Fulfilling of employer duties, recruitment matters and rights of employee candidates and employers.

Data Content:

 

 

Identification and general recruitment related data such as:

-       First Name;

-       Middle name;

-       Last Name;

-       Salutation (for the German candidates only);

-       Email address (private and work);

-       Phone number (including home and/or work and/or mobile phone);

-       Title;

-       Personal address (external candidates only);

-       Previous employer name;

-       Education data (Field of study, degree, major, school name, start and end date);

-       Self-evaluation of language and IT skills + other job relevant skills;

-       Cover letter, resume/curriculum vitae ("CV") and other application related documents;

-       Info on health check passing (only for the candidates that have accepted an offer for a job position in Finland);

-       Works council approval for the hire (only for the candidates applying for job position in Germany);

-       Interview result;

-       Position title etc. employment related info;

-       Shift;

-       Agreed salary;

-       Agreed benefits/variable pay;

-       Incentive offer;

-       Agreement on vocation days;

-       Relocation costs;

 

For the US candidates additionally also:

-       Name of supervisor at previous employer;

-       Previous employer’s address and phone number;

 

For the candidates applying for a position in the US and/or Canada additionally also:

-       Social security number;

-       Age;

-       Gender;

-       Race;

-       Ethnicity;

-       Veteran status;

-       Voluntary Self-Identification of Disability;

-       Salary expectation;

-       Application statement;

-       Referee information (name, email and phone number of the referee);

-       Information of relatives working for Konecranes (name, relationship, work location);

-       Willingness to participate in recruitment interview and/or drug screening/breath alcohol testing;

-       Discharge or reassignment information;

-       Sponsorship for employment visa status;

-       Citizenship and legal permit to work in the US;

-       Current non-compete or other restrictive covenant;

-       State Tax Credit screening related optional data:

o Conditional certification from the state workforce agency (SWA) or member of local agency for the work opportunity credit;

o Military service for 180 days or more;

o Recipient of Cash assistance (AFDC/TANF benefits);

o Recipient of Child care, housing or transportation assistance;

o Convicted of a felony or received deferred adjudication for a felony charge;

o Recipient of Supplementary Security Income (SSI) check;

o Usage of Vocational rehabilitation services;

o Recipient of Food Stamps;

o Continuous unemployment;

 

For the candidates to be hired to a job position in the US and/or Canada additionally also the following onboarding information:

-       Full Legal Name;

-       Date of Birth;

-       Former/Alternative names;

-       Current mailing address (street address or post box, city, state, zip);

-       Family member name and nature of the relationship;

-       Marital status;

-       Driver's license number, issuing state, expiration date;

-       Employee payroll identification number (ssn);

-       Routing/transit/aba no.;

-       Bank account number;

-       Bank account holder's name;

-       Bank name;

-       Type of deposit;

-       Type of account;

-       Checking/savings from salary;

-       Employee file number;

-       Bank telephone number;

-       Bank transit number;

 

Additional information collected for documents needed for the hire process of job positions in the US and/or Canada:

Regular Sources of Data:
 

Employee candidates themselves, former employer(s), Konecranes Group employees and external resources supporting Konecranes Group business processes (e.g. recruiters), public sources.

Regular Disclosures of Employee Candidate Data and Transfer of Employee Candidate Data to countries outside European Union or the European Economic Area:

Employee Candidate Data is not disclosed to another controller for independent use, unless required by the law such as to authorities.  Further, it is not regularly disclosed regularly except within companies of Konecranes Group and even then, such disclosure shall comply with applicable laws.

Employee Candidate Data is transferred outside EU and/or EEA (incl. Switzerland) only as allowed by, and in accordance with, applicable laws. Due to the absence of EU Commission adequacy decisions, EU Commission standard contractual clauses (of type controller to processor, EU Commission decision 2010/87/EU) are used as appropriate or suitable safeguards for these data transfers. Copies of the standard contractual clauses will be available through the contact details mentioned above.

If Employee Candidate Data is transferred to external data processors (subcontractors or vendors), appropriate contractual arrangements (Including EU Commission standard contractual clauses, as applicable), as required by the applicable laws, are executed to secure lawful and appropriate processing of Employee Candidate Data. Personal data belonging to special categories (i.e. health data) may be included in these transfers in some cases.

Employee Candidate Data may be transferred to following countries for processing:

o            Australia

o            Austria

o            Bangladesh

o            Belgium

o            Brazil

o         Canada

o            Chile

o            China

o            Czech Republic

o            Denmark

o            Estonia

o            Finland

o            France

o            Germany

o            Greece

o            Hungary

o            India

o            Indonesia

o            Italy

o            Japan

o            Korea

o            Latvia

o            Lithuania

o            Malaysia

o            Mexico

o            Morocco

o            Netherlands

o            New Zealand

o            Norway

o            Peru

o            Philippines

o            Poland

o            Portugal

o            Qatar

o            Romania

o            Russia

o            Saudi Arabia

o            Singapore

o            Slovakia

o            Slovenia

o            South Africa

o            Spain

o            Sweden

o            Switzerland

o            Thailand

o            Turkey

o            Ukraine

o            United Kingdom

o            United Arab Emirates

o         United States of America

o            Vietnam

Security Principles of Data File:

Employee Candidate Data is protected by technical and organizational measures against accidental and/or unlawful access, alteration, and destruction or other processing including unauthorized disclosure and transfer of Employee Candidate Data.

Such measures include, but are not necessarily limited to, proper firewall arrangements, appropriate encryption of telecommunication and messages, as well as use of secure and monitored equipment and server rooms. Data security is of special concern when third parties (e.g. data processing subcontractors) providing and implementing IT systems and services are retained.

Data security requirements are duly observed in IT system access management and monitoring of access to IT systems. Personnel processing Employee Candidate Data as part of their tasks are trained and properly instructed in data protection and data security matters.

Rights of Data Subject:

In accordance with the law, the data subject has the right, at any time, to:

1)     Access his/her own Employee Candidate Data upon request, receive a copy of the Employee Candidate Data and related supplementary information concerning Employee Candidate Data processing as required by law;

2)     Request the following, provided that the purposes of data processing allow:

a.     Inaccurate Employee Candidate Data to be rectified;

b.     Incomplete Employee Candidate Data to be supplemented; and

c.     Outdated or obsolete Employee Candidate Data to be erased;

3)     Have his/her own Employee Candidate Data to be deleted by us, if:

a.     Employee Candidate Data is no longer necessary in relation to the purposes of data processing;

b.     The data subject withdraws consent on which the processing of Employee Candidate Data is based and where there is no other legal ground for the processing;

c.     The Employee Candidate Data has been unlawfully processed by us;

4)     Restrict the processing of the Employee Data on him/her if:

a.     The data subject contests the accuracy of the Employee Candidate Data;

b.     The processing is unlawful and the data subject opposes the deletion of the Employee Candidate Data and requests the restriction instead; or

c.     The data controllers no longer need the Employee Candidate Data for its original purpose, but Employee Candidate Data is required by the data subject for the establishment, exercise or defense of legal claims;

5)     Receive Employee Candidate Data concerning him or her, that he or she has provided to data controllers, in a structured, commonly used and machine-readable format and have the right to transmit those data to other data controller; or

6)     Lodge a complaint with a supervisory authority (Finnish Data Protection Ombudsman);

 

Furthermore, the data subject may, at any time, withdraw the consent to which the processing of Employee Candidate Data is based on.

In order to use these rights, the data subject shall contact the contact persons listed below in writing (incl. e-mail). However, the request may be declined or restricted where allowed or required under the law.

Retention period of Employee Candidate Data:

Generally, Konecranes Group retains Employee Candidate Data no longer than twelve (12) months from the:

1)     Recruitment decision (in case of a specific job opening); or

2)     Collection of Employee Candidate Data, in case of an open job application;

 

("General Retention Period") unless otherwise required or allowed by:

1)     Any applicable legislation; or

2)     Your consent. 

Moreover, we may always extend the retention of Employee Candidate Data on the grounds of establishment, exercise or defense of legal claims or execution of Konecranes internal investigations as the case may require.

 

Exceptions:

In Canada: instead of General Retention Period, the retention period applicable to all Employee Candidate Data and to all purposes of uses is twenty-four (24) months starting from the Recruitment decision, in case of a specific job opening, or from the collection of Employee Candidate Data, in case of an open job application.

 

In Finland: in addition to General Retention Period, the retention period of all Employee Candidate Data for the purpose of use of fulfilling of employer duties as well as rights of employee candidates and employer (including but not limited to those related to non-discrimination or criminal processes) is twenty-four (24) months.

 

In Germany: instead of General Retention Period, the retention period applicable to all Employee Candidate Data and to all purposes of uses is six (6) months starting from the Recruitment decision, in case of a specific job opening, or from the collection of Employee Candidate Data, in case of an open job application. 

 

In the United States: instead of General Retention Period, the retention period applicable to all Employee Candidate Data and to all purposes of uses is thirty-six (36) months starting from the Recruitment decision, in case of a specific job opening, or from the collection of Employee Candidate Data, in case of an open job application.

Provision of Employee Candidate Data:

Provision of Employee Candidate Data is voluntary but necessary to proceed with the recruitment process with Konecranes Group and to enable possible entering into an employment contract with a Konecranes Group company.

Failing to provide Employee Candidate Data prevents or may prevent participation to Konecranes recruitment and entering into an employment contract as the case may be.