DATA COLLECTION AND DATA PROTECTION POLICY

Gerdin International Manpower Inc. (Gerdin) is committed to protecting the privacy and security of applicants’ personal information.

This privacy notice outlines how we collect and use applicants’ personal information before and after they apply for a job at Gerdin. 

Gerdin is a “data controller”. This means we are responsible for determining how we collect, hold, and use our employees’ personal information.

We may update this notice at any time; if we do, we will provide an updated copy on this website.

One must read and retain this notice, together with any other privacy notice we may provide on specific occasions where we collect or process one’s personal information. This will create awareness of how and why we use such information.

DATA PROTECTION PRINCIPLES

The personal information held must be:

1. Used lawfully, fairly and transparently.

2. Collected only for valid purposes that Gerdin has clearly explained and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes for which such information was collected and limited only to those purposes.

4. Accurate and kept up to date.

5. Kept only if necessary for the purposes disclosed; and

6. Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

The following are the categories of personal information to be collected, stored and used: 

•  Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

•  Date of birth.

•  Gender.

•  Marital status and dependants.

•  Next of kin and emergency contact information.

•  National Insurance number.

•  National ID Number.

•  Bank account details, payroll records and tax status information.

•  Salary, annual leave, pension, and benefits information.

•  Start date and, if different, the date of your continuous employment.

•  Leaving date and reasons for leaving.

•  Location of employment or workplace.

•  Copy of driving licence.

•  Recruitment information (including copies of right-to-work documentation, references and other information included in a CV or cover letter or as part of the application process).

•  Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).

•  Compensation history.

•  Performance information.

•  Disciplinary and grievance information.

•  CCTV footage and other information are obtained through electronic means such as swipe card records.

•  Information on the use of Gerdin information and communications systems.

•  Photographs; and

•  Results of employment status check, details of interest in and connection with the intermediary through which services are supplied.

Gerdin may also collect, store, and use the following “special categories” of more sensitive personal information:

•  Information about religious beliefs.

•  Trade union membership.

•  Information about one’s health, including any medical condition, health, and sickness records, including:

•  where an employee leaves employment, and under any share plan operated by a group company, the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision,

•  details of any absences (other than holidays) from work, including time on statutory parental leave and sick leave; and,

•  where you leave employment and the reason for leaving is related to your health, information about that condition is needed for pensions and permanent health insurance purposes.

•  Genetic information and biometric data; and

•  Information about criminal convictions and offences.

HOW YOUR PERSONAL INFORMATION IS COLLECTED

Gerdin directly collects personal information about employees, workers and contractors through the application and recruitment process from candidates. We may sometimes collect additional information from third parties, including former employers. Gerdin will collect additional personal information in the course of job-related activities throughout the period of an employee’s contract. Personal information may also be collected from former superiors and the former HR departments of the candidates.

HOW YOUR PERSONAL INFORMATION IS USED

Most commonly, personal information is used in the following circumstances, some of which are less likely to happen:

1. Where Gerdin is required to perform its contractual or legal obligations.

2. Where it is necessary for Gerdin’s legitimate interests and a candidate’s interests (or those of a third party), provided such interests do not override fundamental rights.

3. Where Gerdin is required to protect a candidate’s or a third party’s interests, and

4. Where the use of such information is for the public interest or official purposes.

SITUATIONS IN WHICH YOUR PERSONAL INFORMATION WILL BE USED

The categories of information listed above are required primarily to allow Gerdin to perform its contractual as well as legal obligations. In some cases, Gerdin may use the outlined personal information to pursue its legitimate interests or those of third parties, provided such interests do not override fundamental rights. The circumstances under which Gerdin will process a candidate’s personal information are listed below. These include the purposes for which a candidate’s personal information will be processed and the categories of data involved.

Legitimate Interest

•  To determine a candidate’s recruitment/appointment.

•  Business management and planning, including accounting and auditing.

•  For conducting performance reviews, managing performance, and determining performance requirements.

•  To assess qualifications for a particular job or task.

•  Education, training, and development requirements.

•  To monitor a candidate’s use of Gerdin information and communication systems to ensure compliance with Gerdin IT policies.

•  To ensure network and information security, including preventing unauthorised access to Gerdin’s computer and electronic communications systems, as well as preventing malicious software distribution.

•  To conduct data analytics studies to review and better understand employee retention and attrition rates.

Performance of the Employment Contract

•  To determine employment terms as agreed under an employment contract.

•  To provide insurance benefits as entitled to a candidate.

•  To ensure proper administration of the employment contract entered into between the candidate and the Employers.

•  To monitor salary payments and deduct taxes if one is a candidate or a deemed employee for tax purposes, and National Insurance contributions.

•  To make decisions in relation to salary reviews and compensation.

•  To gather evidence for possible grievance(s) or disciplinary hearings.

•  To make decisions on an employee’s continued employment or engagement with the employer.

•  To make the necessary arrangements for the termination of employment with the Employers.

•  To ascertain the candidate’s fitness to work.

•  To monitor compliance with health and safety obligations.

Compliance With Legal Obligations

•  To determine a candidate’s legal eligibility to work with Employers.

•  To monitor enrolment in a pension arrangement in the destination country.

•  Dealing with legal disputes involving employees, workers, and employers.

•  To prevent fraud or fraudulent acts.

•  Equal opportunities monitoring.

In addition to the above, a candidate’s personal information may be used to provide a reference where requested. This is done entirely for the interest and benefit of the employee.

Please note that some of the above grounds for processing may overlap, and several grounds may justify Gerdin’s use of your personal information. Furthermore, Gerdin reserves the right to process an employee’s information in circumstances other than those stipulated above, provided that such processing is in accordance with the law.

Moreover, failure to provide certain information when requested may prevent Gerdin from fulfilling its contractual and legal obligations as outlined in a particular employment contract, such as ensuring the health and safety of Gerdin candidates.

CHANGE OF PURPOSE

Gerdin will only use a candidate’s personal information for the purposes for which such information was collected unless Gerdin reasonably finds the need to use it for another reason. That reason is compatible with the original purpose. A candidate will be notified if their personal information is required for an unrelated purpose, which will be clearly explained to the employee. 

Please note that Gerdin may process a candidate’s personal information without their knowledge or consent, in compliance with the above rules, where required by law.

USE OF PARTICULARLY SENSITIVE PERSONAL INFORMATION

“Special categories” of sensitive personal information require higher levels of protection. Gerdin will require further justification for collecting, storing, and using this type of personal information. Gerdin has in place an appropriate policy document and safeguards, which it is required by law to maintain when processing such data. Gerdin may process special categories of personal information in the following circumstances:

1. In limited circumstances, with a candidate’s explicit written consent.

2. Where Gerdin is required to carry out its legal obligations or exercise rights in connection with employment, and

3. Where such information is needed in the public interest, such as for equal opportunities monitoring (or in relation to an occupational pension scheme).

Less commonly, Gerdin may process this type of information where it is needed in relation to legal claims or where it is needed to protect an employee’s interests (or a third party’s interests), and a candidate is not capable of giving consent, or where such information is already made known to the public. Furthermore, Gerdin may also process such information about members or former members in the course of its legitimate business activities, with the appropriate safeguards in place.

OBLIGATIONS OF GERDIN AS A LEGAL REPRESENTATIVE

Gerdin will use a candidate’s sensitive personal information in the following ways:

•  Gerdin will use information relating to leaves of absence, which may include sickness absence or family-related leaves, to comply with employment and other laws;

•  YM will use information about an employee’s physical or mental health or disability status to ensure health and safety in the workplace and assess an employee’s fitness to work, provide appropriate workplace adjustments, monitor and manage sickness absence and administer benefits, including statutory maternity pay, statutory sick pay, pensions, and permanent health insurance.

•  If an employee leaves employment and under any share plan, the reason for leaving is determined to be ill-health, injury, or disability, YM will use information about the employee’s physical or mental health or disability status in reaching a decision about their entitlements under the share plan;

•  If an employee applies for an ill-health pension under a pension arrangement, YM will use information about their physical or mental health in reaching a decision about their entitlement;

•  YM will use information about an employee’s religious, philosophical or moral beliefs to ensure meaningful equal opportunity monitoring and reporting; and

•  We will use trade union membership information to pay trade union premiums, register the status of a protected employee and comply with employment law obligations.

REQUIREMENT OF A CANDIDATE’S CONSENT

Gerdin shall not require a candidate’s consent to use special categories of personal information in accordance with its written policy to carry out its legal obligations or exercise specific rights. In limited circumstances, Gerdin may approach a candidate for written consent to process certain susceptible data. Under such circumstances, Gerdin will provide full details of the required information and the reason so the candidate can carefully consider whether to consent. Please note that a candidate is not under any contractual obligation to provide the sought consent.

INFORMATION ABOUT CRIMINAL CONVICTIONS

Gerdin may only use information relating to criminal convictions where required by law. This will typically be where such processing is necessary to fulfil Gerdin’s obligations, and such processing complies with Gerdin’s data protection policy.

Less commonly, Gerdin may use information relating to criminal convictions where it is necessary for relation to legal claims, to protect a candidate’s interests (or a third party’s interests), and the candidate is not capable of giving consent or where the information is already made known to the public.

Gerdin may also process such information about members or former members in the course of its legitimate business activities, with the appropriate safeguards in place.

Gerdin will only collect information about criminal convictions if it is appropriate, given the nature of the role and where permitted by law.

DATA SHARING

Gerdin may be required to share personal data with third parties, including potential employers, third-party service providers and other entities in the group. The third parties with whom such information will be shared will be required to respect the data’s security and treat it in accordance with the law. Personal information may also be transferred outside the Philippines; under such circumstances, the personal information transferred will be afforded a similar degree of protection. 

Gerdin will only share a candidate’s personal information with third parties where required by law, where it is necessary to administer a working relationship with the employee or for a legitimate interest.

Which third-party service providers process my personal information?

‘Third parties’ includes third-party service providers (including employers, subcontractors and designated agents) and other entities within the third-party service providers group. Third-party service providers carry out payroll, pension administration, benefits provision and administration, IT services, and HR services.

Gerdin will share personal data relating to your participation in any share plans operated by a group company with third-party administrators, nominees, registrars and trustees for the purposes of administering the share plans.

Gerdin will share personal data regarding a candidate’s participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangement.

How secure is my information with third-party service providers and other entities in our group?

All Gerdin or Employers’ third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with Gerdin’s and the employers’ policies. Gerdin does not allow its third-party service providers to use a candidate’s personal data for their purposes. Gerdin only permits them to process your personal data for specified purposes and in accordance with its instructions.

When might you share my personal information with other entities in the group?

Gerdin will share your personal information with other entities as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data. Gerdin will share personal data relating to your participation in any share plans and pension arrangements operated by the group companies with other entities in the group for the purposes of administering the share plans.

What about other third parties?

Gerdin may share a candidate’s personal information with other third parties, for example, in the context of the possible sale or restructuring of the business. In this situation, Gerdin will, as far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, YM will share an employee’s personal data with the other parties if and to the extent required under the terms of the transaction.

Gerdin may also need to share a candidate’s personal information with a regulator or comply with other legal requirements. This may include making returns to HMRC, disclosures to stock exchange regulators and disclosures to shareholders, such as directors’ remuneration reporting requirements.

DATA SECURITY 

Gerdin has implemented measures to protect the security of your personal information, the details of which are available upon request.

Third parties will only process your personal information on Gerdin’s instructions and where they have agreed to treat the information confidentially and keep it secure.

Gerdin has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, YM limits access to your personal information to those employees, agents, contractors and other third parties who have a business need to know, and they will only process your personal information on Gerdin’s instructions and are subject to a duty of confidentiality.

We have established procedures to address any suspected data security breaches and will notify you and any applicable regulator of a suspected breach where required by law.

DATA RETENTION 

How long will you use my information?

Gerdin will only retain your personal information for as long as necessary to fulfil the purposes for which such information was collected, including the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, Gerdin considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, Gerdin may anonymise an employee’s personal information so that it can no longer be associated with them, in which case Gerdin may use such information without further notice to the employee. Once an individual is no longer an employee, worker, or contractor of the company, Gerdin will retain and securely destroy their personal information in accordance with applicable laws and regulations.

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION 

Your duty to inform us of changes

The personal information held by Gerdin must be accurate and current. Hence, candidates are advised to keep Gerdin updated during the subsistence of a relationship between employers and a candidate. 

Your rights in connection with personal information

Under certain circumstances, by law, you have the right to:

•  Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information Gerdin holds and assess whether such information is being lawfully processed.

•  Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.

•  Request erasure of your personal information. This enables you to request that we delete or remove personal information where there is no legitimate reason for us to continue processing it. You also have the right to request that we delete or remove your personal information, provided you have exercised your right to object to processing (see below).

•  Object to the processing of your personal information where we rely on a legitimate interest (or those of a third party), and something about your particular situation makes you want to object to processing on this ground. You also have the right to object to our processing of your personal information for direct marketing purposes.

•  Request the restriction of the processing of your personal information. This enables you to request that we suspend the processing of personal information about you, for example, if you wish to verify its accuracy or the reason for processing it.

•  Request the transfer of your personal information to another party.

If you want to review, verify, correct, or request the erasure of your personal information, object to the processing of your data or request that Gerdin transfers a copy of your personal information to another party, please get in touch with compliance@gerdinmanpower.com in writing.

No fee is usually required.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, Gerdin may charge a reasonable fee if your access request is unfounded or excessive. Alternatively, Gerdin may refuse to comply with the request in such circumstances.

What we may need from you

Gerdin may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another effective security measure to ensure that personal information is not disclosed to anyone who has no right to receive it.

RIGHT TO WITHDRAW CONSENT 

In the limited circumstances where you may have provided your consent to the collection, processing, and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please get in touch with compliance@gerdinmanpower.com in writing. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purposes you originally agreed to, unless we have another legitimate basis for doing so under the law.

CHANGES TO THIS PRIVACY NOTICE 

Gerdin reserves the right to update this privacy notice at any time. We will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

Applying for a job through this website allows you to read, understand, and accept the general data collection and protection regulations.