Employee Privacy Policy - Template, Sample Form Online
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EMPLOYEE PRIVACY POLICY
This Employee Privacy Policy ("Policy") is effective from ________ ("Effective Date") and applies to ________, its subsidiaries and joint ventures over which the ________ exercises management control ("We", "Us", "Our", "Company"). The Code applies to all Employees engaged to provide services to the Company.
Company is committed to protecting the privacy and security of all personal information and complying with the privacy legislation within each jurisdiction in which We operate.
1. DEFINITIONS
(a). Data Subject: the Employee about which the Personal Data is collected.
(b). Employee: means all Employees, directors, officers, and board members of the Company. For the purpose of this Privacy Policy, it also refers to other consultants and individual contractors engaged by the Company, even though they are not otherwise Employees.
(d). Processing of Personal Data ("Processing"): means any operations performed with Personal Data, it can be using an automated system or otherwise, processing of data includes collection, recording, organization, storage, retrieval, use, disclosure by transmission, dissemination or otherwise making available, erasure or destruction.
(e). Third-Party: means any person or entity other than the Company or an affiliate of the Company.
2. EMPLOYEE DATA COLLECTED
In order to meet the regulatory and other obligations, We collect certain Personal Data of Employees and Process it to protect the interests of both the Company and its Employees including the following:
(a). Personal information like date of birth, age, marital status, birthplace, nationality, mother tongue.
(b). contact information (e.g., name, address, telephone, and email address).
(c). Gender of the Employee.
(d). Caste and religion.
(e). Beneficiary information.
(f). Recruitment and selection information including skills and experience, qualifications, references, CV, and interview and assessment data.
(g). Previous employment records.
(h). Aadhar or other government-issued identity numbers.
(i). Photographs and signature copies.
(j). Emergency contact details.
(k). Access card entry details.
(l). Regulatory information including records of Employee registration with any applicable regulatory authority, regulated status including any criminal record or credit background checks which may be necessary, and any regulatory certificate and references.
(m). Remuneration information including Employee salary/hourly plan/contract pay/fees information as applicable, allowances, overtime, bonus, and commission plans. Other benefits including payment for leave, bank account details, grade, tax information, expense claims, and payment information.
(n). Leave and management information including attendance records, absence records, holiday dates, requests and approvals, and information related to annual leave or other special or statutory leave, details of incapacity, details of work impact and adjustments, manager, and Human Resources (HR) communications, performance improvement plans (PIP) and return to work interviews.
(o). Monitoring information (to the extent authorized by applicable laws) including Closed Circuit Television (CCTV) footage, system and building login and access records, and download and print records.
(p). Call or meeting records, information captured by IT security programmes and filters.
(q). The work output of Company's Employees, whether in paper record, computer files, or in any other storage format belongs to us, and that work output, and the tools used to generate work output, are always subject to review and monitoring by the Company.
(r). Health information including information about short - or long-term disabilities or illnesses that the Employee may share with the Company, particularly in relation to any leave of absence the Employee may need to take.
3. HOW THE DATA IS COLLECTED
(a). The Company may collect the aforementioned information from the Employee directly; from Employee references; and other data sources.
(b). We may also collect information from third parties subject to the requirements of applicable law.
(c). When required by the law and otherwise reasonable, the Company gives Employees notification of the specific purpose for which it collects their personal information at or before the time of collection.
4. PURPOSE OF COLLECTING PERSONAL DATA
Company uses the Employee personal information for internal business purposes, including for establishing or managing the employment relationship with Company and include:
(a). To authenticate the Employee identity.
(b). To determine eligibility for initial employment, including verifying references and qualifications.
(c). To administer pay and benefits.
(d). To process Employee work-related claims including worker compensation and insurance claims.
(e). To establish training and development requirements.
(f). To conduct performance reviews and determine performance requirements.
(g). To assess qualifications for a particular job or task.
(h). To gather evidence for disciplinary action or termination.
(i). To identify a contact point in the event of an emergency.
(j). To comply with applicable labour or other applicable laws.
(k). To ensure Employee safety and confidential information of the Company.
(l). For any other purposes that are required by Company in connection with the employment with the Company.
5. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
(a). The Company take care to allow Personal Data to be accessed only by those who really need to in order to perform their tasks and duties, and to third parties who have a legitimate purpose of assessing it.
(b). The Company may share the Employee Personal Data with other Employees, contractors, consultants, and service providers who require the data to assist Company to establish, manage or terminate the employment with the Company, including parties that provide products or services to Company or on our behalf and parties that collaborate with Company provide services to the Employee.
(c). If the Company goes through a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data the Company gather from the Employee may be transferred in connection with such an event. Any acquirer or successor of Company may continue to use the data as described in this Policy provided that the acquirer or successor is bound by appropriate agreements or obligations and may only use or disclose the Personal Data in a manner consistent with the use and disclosure provisions of this Policy, or unless the Employee consent otherwise.
(d). The Company may also disclose the Personal Data to a third party under the following circumstances:
(I). if the Company in good faith believes that the Company is compelled by any applicable law, regulation, legal process, or government authority;
(II). where necessary to exercise, establish, or defend legal rights, including to enforce Company agreements and policies;
(III). to protect Company's rights or property;
(IV). to protect Company, customers, or the public from harm or illegal activities;
(V). to respond to an emergency which the Company believes in good faith requires to disclose data to prevent harm; or
(VI). with the Employee consent.
6. SECURITY AND DATA INTEGRITY
(a). Company uses appropriate technical and organizational security measures to protect the security of the Personal Data both online and offline including implementation of access controls, implementation of firewalls, network intrusion detection and use of anti-virus software.
7. EMPLOYEE RIGHTS
(a). The Employee will have the right to access the Personal Data and to correct, amend, or delete it if is inaccurate or has been processed in violation of this Privacy Policy, except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the privacy, or where the rights of other people would be violated. To exercise any of these rights the Employee can contact the Company at the below at the information provided at the end of this Policy.
(b). If the Personal Data We collect, covered by this Privacy Policy, is to be used for any purpose materially different from the purpose described here or disclosed to a third party not acting as our agent, in a manner other than as disclosed here, We will always give the Employee an opportunity to opt-out of this materially different use or disclosure.
8. RETENTION OF PERSONAL DATA
(a). The Company will retain the Personal Data for the period necessary to fulfil the purposes outlined in this Policy, including for the duration of the Employee's engagement with the Company, unless a longer retention period is required or permitted by applicable law.
(b). When the Personal Data is no longer required for the purposes for which it was collected, or for any legal, regulatory, or accounting requirements, the Company will securely delete, destroy, or anonymize such Personal Data in accordance with applicable laws and our internal data retention policies.
9. REVISION
(a). We may, from time to time, make changes or updates to this Policy because of changes in applicable laws or regulations or because of changes in our Personal Data practices.
(b). We will give the Employees notice of any material changes that impact the Personal Data, and where consent is necessary, we will not make such changes without getting consent from the Employees.
10. REDRESS MECHANISM
If the Employee has an inquiry or complaint regarding this Policy or the collection or use of the Personal Data, including any rights of access, ability to limit the use or disclosure of Personal Data or to correct or delete inaccurate Personal Data, please email: ________.
11. ACKNOWLEDGEMENT
By signing this Policy:
(a). I acknowledge that I have reviewed the above-listed policies and guidelines of the Company and understand my responsibilities.
(b). I agree to report any actual or potential situation or incident that may be contrary to the above policies as soon as I become aware of it.
(c). I agree to abide by the aforementioned policies, and I understand that my failure to follow the policies may result in disciplinary action, up to and including dismissal.
Employee Name:
Designation:
Date:
_________________________
Signature
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