Data Personal and Privacy Notice for Workers
As your employer of record (or local equivalent), we may collect Personal Data related to you (as defined below) in the course of your role with Safeguard Global or SG. We are committed to protecting your privacy, namely by handling your personal information lawfully, fairly and transparently. We have created this Information Notice to explain the types of Personal Data which we may collect, how and why we use it, and what rights you are entitled to exercise regarding your Personal Data.
This Notice applies to our use of Personal Data as your employer of record – in particular, where we need to use your Personal Data to begin and manage your employment relationship with us and comply with our legal obligations.
About us
The Safeguard Global company identified in your employment contract (or other contractual arrangements) is the data controller for your Personal Data made available to us. This means we are responsible for ensuring that we use your Personal Data in compliance with the applicable privacy and data protection laws.
Depending on the services provided and the relevant circumstances, the company which you are providing services to (the “Client”) may also process your Personal Data and decide why and how it is used, for example to manage its workforce and business operations. In those cases, the Client acts as a separate data controller for its own purposes and will provide you with information about its processing under its own privacy notice or other transparency materials. In the context of the employer of record (or local equivalent) and related workforce services, Safeguard Global and the Client may each determine the purposes and means of different processing activities and, depending on the circumstances, we may act either as separate (independent) data controllers or, for certain limited and specific processing activities, as joint data controllers.
The main terms of the joint controllership arrangement with the Client are described below:
- Both we and the Client are individually responsible for ensuring that our own use of your Personal Data is lawful;
- We will only share your Personal Data with the Client where they provide sufficient assurances that this is lawful and they will not misuse your Personal Data (more on this below);
- We will coordinate with the Client to ensure the security of your Personal Data, including when it is exchanged with the Client;
- If you wish to exercise your rights, under applicable privacy and data protection laws, concerning your Personal Data, you can submit a request to either us or the Client. The Client is mainly responsible for addressing these requests, unless your request is specific to our use of your Personal Data.
Safeguard Global is not responsible for the Client’s use of your Personal Data for purposes outside of your contractual arrangements with us. Please contact the Client for more information on how they may process your Personal Data outside of the joint controllership arrangement.
What types of your Personal Data do we process about you?
We process personal information related to you and collected prior and during the course of your role with us. This may include:
- Identification and contact data: full name, address, phone number, email address, CPR number (personal ID), place and date of birth, photo, Job history (CV), bank account information, a copy of your identification documentation (for example, a copy of your passport);
- Employment information: job title, employment contract, salary, working hours, benefits, bank account, salary information, employment status, pension contribution amounts, attendance and absence, information related to your performance and professional development;
- Other categories of personal data and sensitive data (only where relevant):
All of this information, and other personal information which we may collect and process, will be referred to collectively in this Information Notice as "Personal Data".
In some cases, we may also receive and process personal data relating to your dependents, beneficiaries or other individuals linked to you (for example, spouse or partner, children or other family members) where needed to provide employment benefits that you request or are entitled to under applicable law. This information will be used only for benefits administration and legal compliance purposes, and may be shared with relevant benefits providers and, where necessary for benefits administration, with the Client.
Why do we process your Personal Data and why are we allowed to do so?
We will process your Personal Data in order to allow us to provide employer of record and/or other workforce enablement solutions to the Client. This may also include additional related services, such as accounting, administrative, and human resource management activities. We may also need to use your Personal Data to manage our relationships with social security and welfare institutions, as well as with tax authorities and credit institutions, in particular regarding the payment of your wages or other forms of remuneration. In some cases, we need to process your Personal Data to ensure that we can comply with our legal obligations related to your employment contract, as applicable. For example, we may be required to check your entitlement to work in a specific country, to deduct taxes from payments made to you, to comply with health and safety laws, and to enable you to take periods of leave. Depending on your role, we may need to carry out a criminal record check to ensure that you are permitted to fulfill that position. As we need to process your Personal Data in order to manage the performance of your role with us, as well as to carry out obligations and respect specific rights in the field of employment, social security and social protection law, we may do so without your specific consent. This information must be provided to us in order for us to lawfully formalise and properly manage our contractual arrangements with you. Failure to provide this information will prevent us from formalising or continuing our employment or other arrangements.
Additionally, at your request, Personal Data you share with us may be processed in order to assist you in applying for tax / social security and/or other employment benefits in compliance with local employment laws which you may be entitled to as an employee, as applicable. This may include, where relevant, personal data relating to your dependents or other beneficiaries (for example, spouse, partner, or children) where needed to administer those benefits. This processing is carried out in compliance with our legal obligations under labour and tax regulations. Furthermore, we will only collect those Personal Data which are legally required in order to assist you in applying for the requested benefits. You may choose not to provide Personal Data to us for this purpose. However, if you do not provide such information, we may not be able to assist you in applying for the intended benefits.
Lastly, we may share some of your Personal Data, including your employment contract, with the Client for its own administrative purposes and compliance activities and/or requirements, upon the Client’s request. We will only do this where we are reasonably assured that such data sharing is lawful, and that the purposes for which the Client will use your Personal Data are appropriate, in light of the Client’s relationship with you.
What you need to know about providing information about someone else
Please note that when you decide to provide Personal Data about your family members, dependents, beneficiaries or next-of-kin to us (for example, for benefits administration), you confirm to us that you are duly authorized by those persons to share their information with us and, where necessary, with the Client (for instance, because you have obtained consent from them or, where the Personal Data concerns children, because you are their parent or legal guardian). This also means that you may be held responsible for any complaints or claims brought against us, where the use of those Personal Data for the purpose of applying for these benefits was not duly authorised. If you are not authorized to provide such information, please do not provide it to us and contact our Data Protection Officer (DPO) by writing to dpo@safeguardglobal.com for guidance.
Where do we receive your Personal Data from?
We may receive information about you from:
- You or your representative;
- Previous companies you worked for (your references);
- The Client;
- Any intermediaries between us and the Client;
- Social security and welfare organisations, insurance companies, credit institutions and any other companies which may be engaged for human resource management (including training and background screening);
- Public entities, bodies or authorities;
- Third-party providers involved in payroll, benefits, insurance, training, or other employment-related services, where applicable;
- Our affiliate companies, where permitted under applicable privacy/data protection laws.
Who may receive your Personal Data?
Your Personal Data may be shared with the following categories of recipients (“Recipients”):
- The Client;
- Persons authorised by us to process Personal Data, who have signed a confidentiality agreement in compliance with applicable data protection laws (for example, certain of our employees in our Human Resources/Administration departments, system administrators who may have access to Personal Data during the performance of their duties);
- Payroll processing companies, consultants, intermediaries, subcontractors, social security and welfare organizations, trade unions, credit institutions and any other entities which may be engaged for accounting, administrative and technical maintenance purposes;
- Benefits providers (such as insurers, pension funds, health plans) and, where applicable, occupational health providers;
- Public authorities, bodies or entities to which Personal Data must be communicated under the applicable law or under binding orders from competent authorities; and
- Our affiliate companies, where permitted under applicable privacy/data protection laws.
Will your Personal Data be transferred abroad?
Your Personal Data may be transferred to Recipients located in various different countries. We have implemented appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers according to applicable data protection laws. With respect to data transfers outside of the EU/EEA, we may rely on adequacy decisions from the European Commission, written agreements (including standard contractual clauses adopted by the European Commission), or other safeguards or conditions considered adequate to the transfer at hand. Upon written request to privacy@safeguardglobal.com you can receive further information on international data transfers and can obtain a copy of the appropriate safeguards that we have put in place in order for the transfer to lawfully take place.
For how long may we keep your Personal Data?
Your Personal Data will be kept for the time necessary to manage the employment relationship (or other arrangement with you), as well as for any additional and relevant periods established by applicable legislation, including any applicable statutory periods for claims related to our arrangements.
Your Privacy Rights
As a data subject, you are entitled to exercise the following rights with regard to the processing of your Personal Data, at any time:
- Access your Personal Data (and/or obtain a copy of those Personal Data), as well as information on the processing of your Personal Data;
- Correct or update your Personal Data, where it may be inaccurate or incomplete;
- Request the erasure of your Personal Data, where you feel that the processing is unnecessary or otherwise unlawful;
- Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, or that the processing is unnecessary or unlawful, as well as where you have objected to the processing;
- Request a copy of the Personal Data you provided to us in a structured, commonly used and machine-readable format, as well as request the transmission of those Personal Data to another data controller;
- Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent us from processing your Personal Data for a given purpose;
- Withdraw your consent to processing, where your consent serves as the legal basis for processing. This will not affect the lawfulness of processing carried out prior to your withdrawal.
If you are in the EEA, these rights are described in Articles 15 to 22 GDPR. Also, where in case of joint controllership, is have the right to know the essence of the joint controllership arrangement. Similar rights may apply under other data protection laws.
How to exercise your Privacy Rights
Requests to exercise any of the above rights must be sent in writing:
- By using the DSAR form available on the Safeguard Global website.
- to us at the following address: privacy@safeguardglobal.com.
- to the Legal Team, to the assigned Privacy lawyer contact point: LeonardoMorais@safeguardglobal.com
At any time, you can contact privacy@safeguardglobal.com if you have any questions arising from this Information Notice or regarding your Personal Data. You can also:
- Contact our Data Protection Officer (DPO) by writing to dpo@safeguardglobal.com.
Contact the competent Supervisory Authority (in the Member State of your habitual residence, place of work or place of the alleged infringement) whose contact details are available here (for UK click here), if you believe that the processing of your Personal Data that we, or the Client, carry out is unlawful.