Talend Recruitment Privacy Notice

Last Updated: May 14, 2018

1.              Introduction

1.1           In this Recruitment Data Privacy Notice the terms the “Company”, “we”, “us” and “our” are references to Talend Inc. having a registered address at 800 Bridge Parkway, Suite 200, Redwood City, CA 94065-1156, which is a member of the Talend group of companies.

1.2           The Company will be the data controller of your personal data.  This means that we are responsible for deciding how we hold and process personal information about you.  You are being provided a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your data will be used, namely for the purpose of the recruitment exercise, and how long it will be retained. 

1.3           We take your data protection rights and our legal obligations seriously. Your personal data will be treated in a secure and confidential manner and only as set out below or otherwise notified to you in writing. 

1.4           Please read the following carefully to understand our views and practices regarding your personal data and how we treat it. It is intended to comply with our obligations to provide you with information about the Company’s processing of your personal data under privacy laws. 

1.5           If you have any questions about this Recruitment Data Privacy Notice please e-mail privacy@talend.com.

2.             RESPONSIBILITY FOR DATA PRIVACY

2.             The contact details of each of the Company’s data controllers are identified by office and are available at: https://www.talend.com/contact/.

2.1           If you have any questions regarding the processing of your personal data or if you believe your privacy rights have been violated, please e-mail privacy@talend.com

3.              TYPES OF INFORMATION WE COLLECT WHEN YOU APPLY

3.1           In connection with your application for work with us, we will collect, store and process the following categories of personal information about you:  

3.1.1        Personal details: your title and name, birth name, preferred name, any additional names, gender, photograph, nationality, second nationality, civil/marital status, date of birth, age, place of birth, home contact details (eg address, telephone or mobile number, e‑mail), place of birth, national ID number, immigration and eligibility to work information, driving licence, driving licence number, passport, passport number, details of any VISA, next‑of‑kin/dependent/emergency contact information, details of any disability and any reasonable adjustments required as a result;

3.1.2        Recruitment and selection data: skills and experience, qualifications, references, CV and application, previous applications, record of interview, interview notes and assessment, vetting and verification information (eg results of credit reference check, financial sanction check and a basic disclosure criminal record check relating to unspent convictions where carried out and permitted by applicable law), right to work verification, information related to the outcome of your application, employment history (including previous employers and job titles), details of any nominated referees, details of any offer made to you and any other information you voluntarily provide throughout the process (including through assessments and interviews etc.).

4.              SPECIAL CATEGORIES OF DATA

4.1           To the extent permitted by applicable laws, the Company collects and processes a limited amount of personal data within the above data listed at 3.1 falling into special categories, sometimes called “sensitive personal data”.  This term means information relating to: 

4.1.1                racial or ethnic origin;

4.1.2                political opinions;

4.1.3                religious or philosophical beliefs;

4.1.4                physical or mental health (including details of accommodations or adjustments);

4.1.5                trade union membership;

4.1.6                sex life or sexual orientation;

4.1.7                biometric and genetic data; and

4.1.8                criminal records and information regarding criminal offences or proceedings.

5.             HOW DOES THE COMPANY COLLECT DATA?

5.1           The Company collects and records your personal data from a variety of sources, but mainly directly from you. 

5.2           We also obtain some information from third parties (in each case, where permissible and in accordance with applicable law), for example;

5.2.1                references from a previous employer;

5.2.2                other background information provided or confirmed by academic institutions and training or certification providers;

5.2.3                criminal records data obtained through criminal records checks;

5.2.4                information provided by background checking agencies and other external database holders (for example credit reference agencies);

5.2.5                any recruitment agency we may have used to introduce us;

5.2.6                information provided by recruitment or executive search agencies.

5.2.7                Information publicly available and published on LinkedIn.

5.3           In some circumstances, data will sometimes be collected indirectly from monitoring devices or by other means (for example, building and location access control and monitoring systems, CCTV, if and to the extent permitted by applicable laws).

6.             WHAT ARE THE PURPOSES FOR WHICH DATA ARE PROCESSED?

6.1           Your personal data are collected and processed for business purposes, in accordance with applicable laws. 

6.2           We collect and process your personal data for recruitment purposes including:

6.2.1.1            to assess your suitability to work for us including short listing, agreements and interviews;

6.2.1.2            to conduct pre‑employment checks including verification of your identity, criminal background checking your legal right to work and checking references;

6.2.1.3            to conduct a pre‑employment credit reference check, financial sanction check and a check in relation to suspect criminal activities in order to prevent crime and other unlawful acts and to protect the business and clients/customers from the risk of dishonesty, malpractice or improper conduct;

6.2.1.4            to compare you with other applicants and make a decision whether to offer you employment;

6.2.1.5            to consider any reasonable adjustments either for the recruitment process or if you were to commence employment with us in the event you have a disability;

6.2.1.6            to make a job offer and provide a contract of employment;

6.2.1.7            to prepare to bring you on board as an employee where you accept an offer of employment from us.  In this case we will customise to make sense of the information gathered during recruitment for the purpose of your employment and will transfer some of this to our employment systems and files;

6.2.1.8            to contact you if you are not successful should another potentially suitable vacancy arise during the 12 months following the completion of the recruitment process for the role you applied for; and

6.2.1.9            to deal with any query, challenge or request for feedback received in relation to our recruitment decision. 

6.3           Special categories of data may be collected and processed by the Company for the following purposes:

6.3.1                Documentation such as work permits, details of residency, proof of citizenship will be processed to assess and review eligibility to work for the Company;

6.3.2                your racial or ethnic origin, religion, philosophical or political belief, sexual orientation or disability status may be used for the collection of statistical data subject to local laws, or where required to record such characteristics to comply with equality and diversity requirements of applicable local legislation or to keep the Company’s commitment to equal opportunity under review; and

6.3.3                health and medical information may be used to comply with employment, health and safety or social security laws.  For example, to make reasonable accommodations or adjustments and avoid unlawful discrimination.

7.             LEGAL BASES FOR PROCESSING

7.1          Personal data

7.1.1                Whenever the Company processes your personal data we do so on the basis of a lawful condition for processing. Processing of special categories of data is always justified on the basis of an additional lawful condition.

7.1.2                In the majority of cases, the processing of your personal data will be justified on one of the following bases:

7.1.2.1            The processing is necessary for compliance with a legal obligation to which the Company is subject (for example, complying with immigration laws, avoiding unlawful discrimination or health and safety obligations); or

7.1.2.2            Where there is no legal obligation we will process your data where the processing is necessary to take steps prior to entering an employment contract with you, where you are considered for employment.

7.1.2.3            Where the above two grounds at 7.1.2.1 or 7.1.2.2 do not apply we may process your personal data where the processing is necessary for the legitimate interests pursued by the Company (being those purposes described in the section above), except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data (for example reviewing your performance at work).

7.1.3                We will on occasion process your personal data for the purpose of legitimate interests pursued by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.

7.1.4                Where we have no legitimate interest in processing but we need to to process data for a particular purpose we will occasionally carry out the processing on the basis of your consent. Where we rely on your consent we will make this clear at the time.

7.2           Special categories of data

7.2.1                The special categories of personal data that may be processed by the Company are set out in this Data Privacy Notice.  Where we process special categories of data it will be justified by a condition set out at 7.1.2 above and also by one of the following additional conditions:

7.2.1.1            The processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or the Company in the field of employment law, social security and social protection law, to the extent permissible under applicable laws;

7.2.1.2            The processing is necessary for the purposes of preventive or occupational medicine, for the assessment of your working capacity, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services, to the extent permitted by applicable laws;

7.2.1.3            The processing is necessary to protect your vital interests or of another person where you are physically or legally incapable of giving consent (for example in exceptional emergency situations, such as a medical emergency);

7.2.1.4            The processing is necessary for purposes authorised by applicable law.

7.2.1.5            The processing is necessary for the establishment, exercise or defence of legal claims; or

7.2.1.6            In exceptional circumstances the processing is carried out subject to your explicit consent (as explained below).

7.2.2                We will occasionally seek your consent to certain processing which is not otherwise justified under one of the above bases.  If consent is required for the processing in question, it will be sought from you separately to ensure that it is freely given, informed and explicit. Information regarding such processing will be provided to you at the time that consent is requested, along with the impact of not providing any such consent.   

7.3           Processing data relating to criminal convictions and offences

Personal data relating to criminal convictions and offences will only be processed where authorised by applicable laws. For example, a criminal record check may be carried out where screening is required where authorized by applicable laws; or where we have a legal or regulatory requirement to report an offense.

8.            AUTOMATED DECISION MAKING AND PROFILING

8.1           The Company uses an automated tool during the recruitment process to determine your availability for an interview.

9.              RETENTION OF PERSONAL DATA

9.1           The Company endeavours to ensure that personal data are kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable. 

9.2           The Company’s general approach is to only retain personal data for as long as is required to satisfy the purpose for which it was collected by us or provided by you.  This will usually be the period of your employment/contract where you are successful in obtaining employment or for a period of approximately 12 months where you are unsuccessful in obtaining employment.  The Company may provide further detail on its policies in respect of the retention of personal data by means of a separate retention policy from time to time.

10.          DISCLOSURES OF PERSONAL DATA

10.1         Within the Company, your personal data can be accessed by or will be disclosed internally on a need‑to‑know basis to:

10.1.1              local, regional and global Human Resources, including managers and team members;

10.1.2              local, regional and executive management responsible for making decisions in connection with any offer of employment;

10.1.3              system administrators; and

10.1.4              where necessary for the performance of specific tasks (for example, sending you an offer of employment).

Your personal data will be accessed by third parties whom we work together with (including without limitation, the below listed companies and their associated companies and sub‑contractors) for providing us with services, such as employment background checks:

 

HireRight, Inc. and/or its subsidiaries.

 

11.           SECURITY OF DATA

11.1         The Company is committed to protecting the security of the personal data you share with us.  In support of this commitment, we have implemented appropriate technical, physical and organizational measures to ensure a level of security appropriate to the risk. The Company uses a variety of technical and organizational methods to secure your personal data in accordance with applicable laws.

12.           INTERNATIONAL TRANSFER OF PERSONAL DATA

12.1         From time to time your personal data (including special categories of personal data) will be transferred to associated companies of the Company to process for the purposes described in this Data Privacy Notice. This will be applicable, for example, where a manager from that company is responsible for a decision relating to your potential engagement or any job offer with the Company. 

12.2         These associated companies or managers are located within the European Union (for example, the Human Resources Director for Europe is located in France) and elsewhere in the world (for example, the Company’s US headquarters, Talend, Inc., which is located in the United States).  

12.3         Personal data may also be transferred to third parties (e.g. service providers or regulators as set out above), who may have systems or suppliers located outside the European Union. 

12.4         As a result, in some circumstances your personal data will be transferred to countries outside of the country in which you live or outside of the European Union to countries whose data protection laws may be less stringent than yours. 

12.5         The Company will ensure that appropriate or suitable safeguards are in place to protect your personal information and that transfer of your personal information is in compliance with applicable data protection laws. 

12.6         Where required by applicable data protection laws, the Company ensures that service providers (including other Company associated companies) sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant Company exporter.  You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal data by e-mailing privacy@talend.com.

12.7         Talend Group has an intra‑group data transfer agreement in place which regulates cross‑border transfers of your data within the Group.

12.8         You have a right to request a copy of any data transfer agreement under which your personal data is transferred, or to otherwise have access to the safeguards used. Any data transfer agreement made available to you may be redacted for reasons of commercial sensitivity.

13.          YOUR RIGHTS AS A DATA SUBJECT

13.1        Right to access, correct and delete your personal data

13.1.1              The Company aims to ensure that all personal data are correct. 

13.1.2              You have the right to request access to any of your personal data that the Company may hold, and to request correction of any inaccurate data relating to you.  You furthermore have the right to request deletion of any irrelevant data we hold about you. 

13.2         Data portability

  • Where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that personal data is processed by automatic means, you have the right to receive all such personal data which you have provided to the Company in a structured, commonly used and machine‑readable format, and also to require us to transmit it to another controller where this is technically feasible.

13.3         Right to restriction of processing:

You have the right to restrict our processing of your personal data where:

13.3.1              you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;

13.3.2              where the processing is unlawful but you do not want us to erase the data;

13.3.3              where we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or

13.3.4              where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether the Company has compelling legitimate grounds to continue processing.

Where personal data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.

13.4         Right to withdraw consent

Where we have relied on your consent to process particular information and you have provided us with your consent to process data, you have the right to withdraw such consent at any time. You can do this by e-mailing privacy@talend.com.

13.5         Right to object to processing justified on legitimate interest grounds

Where we are relying upon legitimate interest to process data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

13.6         Right to complain

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law.

13.7         For further information regarding your rights, or to exercise any of your rights, please e-mail privacy@talend.com.

14.           NOTICE OF CHANGES

14.1         The Company may change or update this Recruitment Data Privacy Notice at any time. 

14.2         Should we change our approach to data protection, you will be informed of these changes or made aware that we have updated the Recruitment Data Privacy Notice so that you know which information we process and how we use this information.