To run our business, Five Bells Settlement Corp. (“FBS”) collects and uses information about living individuals (“Personal Information”), including information about our current, former and prospective candidates for employment with FBS (“you”, “your”). FBS takes your privacy seriously. This Candidate Privacy Notice (“Notice”) contains information on what Personal Information the FBS (“FBS”, “we”, “our”, or “us”) and our affiliates (collectively, the “FBS”) collect(s), what they do with that information, and what rights you have. As part of our commitment to protect your Personal Information in a transparent manner, we want to inform you:
• why and how FBS collects, uses and stores your Personal Information; and
• the lawful basis for the use of your Personal Information.
This Notice applies to any and all forms of use of Personal Information (“processing”) by FBS in theUnited States if you are a current, former or prospective candidate of FBS or any of its affiliates.
• Personal details and identification information (e.g., date of birth, nationality, picture, gender, ID card, passport numbers and other national ID numbers as required, immigration status);
• Physical and electronic address details (e.g., private telephone number, private email and/or postal address and business telephone number);
• Education and employment information (e.g., remuneration at your current employer (where permitted),employment dates with your current employer, interview performance evaluation and scores in any online testing, position information such as position title, and language skills);
• Information submitted as part of your application (e.g., recordings of any video interviews in which you participate, and anything you choose to submit by choice in support of your application);
• Electronic and physical communication information, including but not limited to in- and outbound emails including attachments, phone conversations, chat or other instant messaging, faxes (digital) and other communication data (e.g., phone meta data); and
• Where relevant, behavioral information and information about personality traits such as data collected to assess a candidate’s suitability.
Information you submit as part of your application must be true, accurate, complete and not misleading.Any false or misleading statements or omissions made by you during the application process, including your application and any assessments and interviews, may be sufficient cause to justify the rejection of your application or, if you have already become an employee, the immediate termination of your employment, subject to due process. If you provide information about your family or any other third party to us as part of your application (e.g., emergency contacts or referees) then, before providing us with such information, you must inform the relevant individuals that you will disclose their Personal Information to us and provide a copy of the information in this Notice to them. If you accept a role with FBS, then in order to conduct any necessary background checks and create your record in the FBS Group employee database, we will usually also collect:
• Family information (e.g., marital status, and details of any family or personal relationships within FBS); and
• Financial information (e.g., summary credit history, bank account details, tax-related information, and information required to undertake required checks for money laundering, criminal activities, corruption, terrorist financing and related matters).
In some cases, the Personal Information that we process will also include special categories of data, suchas diversity-related information (including data about racial and ethnic origin, religious beliefs and otherbeliefs of a similar nature) and data about alleged or proven criminal offenses, in each case wherepermitted by law. In some cases, the Personal Information we collect from you is needed to meet ourlegal or regulatory obligations. If so, we will indicate to you that the provision of this information ismandatory, and the consequences if we cannot collect this information. The above-mentioned PersonalInformation are collected from information that you directly provide (through the completion andsubmission of online application forms and profiles, through resumes or curriculum vitae, or throughinterviews or other communications). In some cases, FBS will also collect Personal Information indirectlyfrom third parties, such as recruitment agencies that you used to apply to FBS, background checkproviders used by FBS and other administration services providers (for instance who provide candidateshortlisting services), or from publicly available sources such as business- and employment-orientatedsocial networking services and job boards. For prospective, current and former candidates, we collect basic identification information, such as your name, title, position, professional history, experience and contact details. If you actively apply for a role with FBS, we will usually also collect:
a) Recruiting and Employee onboarding:
• to undertake recruitment activities, such as determining the suitability of a candidate’s qualifications, maintaining information on the status of your application;
• to assist us in managing external providers (e.g., recruitment agencies – see below for further information about when we work with third parties);
• to prepare for and enter into a contractual employment relationship.
b) Staff Administration:
• to manage our HR records and update our employee database (e.g., keeping your application data on file);
• to communication with you about any actual or potential job vacancy.
c) Onboarding:
• to set up internal profiles, collecting information required to complete the employee onboarding process.For background checks see d) below);
• to assist us in managing external providers involved in the onboarding process (e.g., insurance companies, pension funds, benefit providers, etc.).
d) Compliance & Risk Management and/or Crime Prevention:
• to carry out background checks as part of the employee onboarding process, including checking for any existing or potential conflicts of interest or any other restrictions which may otherwise restrict or prevent a candidate’s employment with FBS as well as to prevent crime, including fraud or criminal activity, misuses of our products or services as well as the security of our IT systems, architecture and networks;
• to receive and handle complaints, requests or reports made to a compliance function, HR function, or other designated units within FBS or its affiliates;
• to reply to any actual or potential proceedings, requests or the inquiries of a public or judicial authority(e.g., if FBS is under a duty to disclose Personal Information to comply with any legal or regulatory obligation);
• to comply with any legal or regulatory obligations imposed on FBS in relation to its recruitment practices such as governmental reporting requirements.
e) Other purposes:
• to provide information to third parties to benefit from cost-effective services, efficient solutions and subject-matter expertise (e.g., we may opt to use certain IT platforms offered by suppliers. We may also share Personal Information with another FBS entity so that a team with the appropriate subject-matter expertise can provide advice or support);
• to provide information to third parties to enable a transfer, merger or disposal to a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer, merger or disposal of part or all of FBS’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it;
• to collect data to ensure the security of buildings, as well as property and information located or stored on the premises, prevent unauthorized physical access to secure premises (e.g., maintaining building access logs and CCTV system images);
• to create custom and lookalike audiences on various social media platforms allowing to display targeted job advertisements.
Depending on the purpose of the processing activity, the legal basis for the processing of your Personal Information will be one of the following:
• necessary to perform our contractual obligations towards you or to take pre-contractual steps at your request, such as preparing a contract of employment for you following a decision to make you an offer of employment; • necessary to comply with our legal or regulatory obligations, such as reference requirements;
• necessary to protect the vital interests of the relevant individual or of another natural person, such as providing disability access to FBS premises for interviews where applicable;
• necessary for the legitimate interests of FBS, without unduly affecting your interests or fundamental rights and freedoms and to the extent such Personal Information is necessary for the intended purpose(see below);
• necessary for the performance of a task carried out in the public interest; or
• in some cases, we have obtained prior consent (such as when we apply automated decision making to evaluate whether to reject or proceed with your application) processed with your explicit consent in the case of special category of Personal Information. We always process your Personal Information for a specific purpose and only process the PersonalInformation which is relevant to achieve that purpose. In particular, we process Personal Information of candidates, within applicable legal limitations, for the purposes of:
Examples of the “legitimate interests” referred to above are:
• to benefit from cost-effective services (e.g., we may opt to use certain IT platforms offered by suppliers.We may also share Personal Information with another FBS entity so that a team with the appropriate subject-matter expertise can provide advice or support);
• to determine whether a candidate or potential candidate’s skills, qualities and experience are suitable fora role within FBS, and determine whether or not to either (i) make an offer of employment with FBS; or (ii)approach a candidate with a view to making an offer of employment with FBS, on this basis;
• at the appropriate stage in the recruitment process (i.e., as part of making an offer of employment to you), to verify the accuracy of information you have provided to us as part of your application, including through background screening;
• to prevent fraud or criminal activity, misuses of our products or services as well as the security of ourinformation, IT systems, architecture and networks and security of FBS premises;
• to create custom and lookalike audiences on various social media platforms allowing to display targeted job advertisements.
To the extent that we process any special categories of data relating to you, we will do so because:
• the processing is necessary to carry out our obligations under employment, social security or socialprotection law;
• the processing is necessary for the establishment, exercise or defense of a legal claim;
• the processing is necessary for reasons of substantial public interest; or
• you have given your explicit consent to us to process that information (where legally permissible).
You are under no obligation to provide data to us during the recruitment process. However, if you do notprovide the information, we may not be able to process your application properly or at all.
All FBS employees accessing Personal Information must comply with the internal rules and processes in relation to the processing of Personal Information to protect them and ensure their confidentiality. FBS has also implemented adequate technical and organizational measures to protect Personal Information against unauthorized, accidental, or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. However, no guarantees can by provided by FBS that such measures will be effective at all times.
We make available Personal Information to members of our personnel and within FBS for the purposes indicated above. Other affiliates of FBS may process your Personal Information on behalf and upon request of FBS. For the purposes listed above, and to the extent permitted under applicable law, we may also transfer Personal Information to third parties outside FBS and FBS’s affiliates, such as:
• third party service providers, who are contractually bound to confidentiality, such as our IT system or hosting providers, cloud service providers, social network platforms, database providers, consultants(including the recruitment agency whom you used to apply to FBS, if applicable, and lawyers) and third parties who carry out pre-employment checks on prospective employees;
• a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer or merger of part or all of FBS’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it;
• authorities (e.g., regulators, enforcement or exchange body or courts or party to proceedings where we are required to disclose information by applicable law or regulation or at their request, or to safeguard our legitimate interests);
• the referees provided on your application form to FBS;
• any central or local government department and other statutory or public bodies; and• any legitimate recipient of communications required by laws or regulations.
Where FBS or an FBS affiliate transfers your data to third party service providers processing data onFBS’s behalf, we take steps to ensure they meet our data security standards, so that your PersonalInformation remains secure. Third party service providers are thereby mandated to comply with a list of technical and organizational security measures, irrespective of their location, including measures relating to: (i) information security management; (ii) information security risk assessment and (iii) information security measures (e.g., physical controls; logical access controls; malware and hacking protection; data encryption measures; backup and recovery management measures).
The Personal Information transferred within or outside FBS and FBS’s affiliates as set out above, is in some cases also processed in other countries. We only transfer your Personal Information abroad to countries which are considered to provide an adequate level of data protection, or in the absence of such legislation that guarantees adequate protection, based on appropriate safeguards (e.g., standard contractual clauses adopted by the European Commission to the extent recognized by the competentData Protection Authority or another statutory exemption) provided by local applicable law. An initial list of the countries in which FBS and FBS’s affiliates operate can be requested at info@fivebellssettlement.com.
We will only retain Personal Information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements, whichever is longer. In general, although there may be exceptions, data relating to unsuccessful candidates for roles within FBSis kept for five (5) years after the date on which we notify you that your most recent application has been unsuccessful; data relating to potential candidates for roles within FBS is kept for five years from the date of our last recorded communication with you. Any maximum storage term set forth by applicable law will prevail. Personal Information relating to successful candidates is dealt with by the employee privacy notice that will be provided to you upon joining FBS. If your application is successful, your application will be retained as part of your personnel record. However, if you wish to have your Personal Information removed from our databases, you can make a request as described below, which we will review as set out therein.
We are committed to keeping your Personal Information accurate and up to date. Therefore, if your Personal Information changes, please inform us of the change as soon as possible.
Any amendment or update to this Notice will be made on the FBS website. Please visit the FBS website frequently to understand the current Notice, as the terms of this Notice are closely related to you.
Entity Name & Registered Address
Five Bells Settlement Corp.
111 Mendham Avenue
Hastings-on-Hudson, NY 10706
If you have any questions or comments about this Notice, please contact info@fivebellssettlement.com.
This section includes specific provisions applicable only to an candidate that is a resident of California(“you”), in addition to the information provided in the remaining sections of this Notice.
You have the right to request FBS to disclose the categories and specific pieces of Personal Information we have collected and process about you. If you believe that any information we hold about you is incorrect or incomplete, you may also request the correction of your Personal Information. You also have the right to access and to obtain a copy of your Personal Information as processed by FBS and to request the erasure of your Personal Information. FBS does not sell your Personal Information, or share yourPersonal Information other than to service providers that support the recruitment process. FBS will honor such requests as required under applicable data protection rules, but these rights are not absolute: they do not always apply, and exemptions may be engaged pursuant to your current relationship with FBSand/or to applicable legal obligations. We will usually, in response to a request, ask you to verify your identity and/or provide information that helps us to understand your request better. If we do not comply with your request, we will explain why. In certain circumstances FBS may process your PersonalInformation using automated decision making technology. To the extent required by any regulations issued by the relevant California authority, FBS shall inform its candidates of such automated decision making that uses Personal Information and may provide information on criteria and procedures applied. If permitted by law, you can request an explanation about the automated decision making carried out using your Personal Information and can request that a natural person reviews the related decision where such a decision is exclusively based on such processing.
To exercise the above rights, please send an email to info@fivebellssettlement.com. If you are not satisfied with how FBS processes your Personal Information, please let us know and we will investigate your concern. Please raise any concerns by contacting the FBS Data Protection Office at info@fivebellsssettlement.com.