Amended November 18, 2019
Referral candidates are invited by a friend or associate to consider applying for a specific position at the friend’s employer. EmployeeReferrals contracts with the employer to provide the platform used to facilitate this referral process. The data we collect and process is owned by our client, the employer.
We collect only the minimum information needed, share it only with those directly involved in the referral process and purge the information when it is no longer needed. Of course, we will also remove data upon request.
As outlined below we comply EU-US Privacy Shield Program requirements and with GDPR privacy regulations.
The table below identifies the data we collect from our client company, its employee, the referral candidate and the job applicant:
|Data Source||Data Elements||Source and Usage||GDPR Basis - Reason for Using the Data||Retention|
|This information is provided by the client and is used by EmployeeReferrals to fulfill our contract with the client.||Contract – The processing is necessary to fulfill the contract we have in place with the client.||Contract Term|
|Client Company or its Employee||
|This information is provided by the client or its employee and is used to present relevant referral opportunities to the employee, to track referrals made by the employee, to compensate the employee for referrals, to present internal mobility opportunities to the employee, and is used in aggregate, anonymous form in company monitoring of its referral program.||Legitimate Interest – Providing this information is in the employee’s interest to provide job opportunities to their acquaintances and to earn rewards for referring their friends who are hired. Providing this information is in the client company’s interest in filling vacancies.||Contract Term|
|This information is provided by the referring employee and is used in an email from the referring employee to the referral candidate inviting them to consider a particular position at the employer.||Legitimate Interest – It is in the interest of the referral candidate to receive information on job openings from a person they know at the company.||6 months|
|This information is provided by the Job Applicant and is used by the potential employer in considering their application.||Legitimate Interest – It is in the interest of a job applicant to provide contact and resume information in connection with the job application.||12 months|
We collect information via cookies on browser type, operating system, IP address, usage dates and times. We also collect information about email and link openings.
If the Employee chooses to link our service with their social media account (e.g., Facebook or LinkedIn) then we may pull information from that account which will help the employee identify which of their acquaintances may fit particular job openings. This may include information on the acquaintance’s education, employment history and qualifications.
We pass to our hosting service, Amazon Web Services, personal and other information on employees, referred individuals and job applicants. Also, if the employer uses a third-party rewards provider, we supply information to that provider necessary for them to process referral bonus rewards to employees, generally the employee’s name, email and reward earned. We will disclose personal information in response to court order or other legal process, including to meet national security or law enforcement requirements. If we were to merge or be acquired by another entity the collection and processing functions we perform would be transferred to them. We contract with third parties to provide application development services and in this role they may have access to personal information. In the above transfers we supply only the minimum necessary information and the third parties we work with operate under privacy policies similar to this one. Even though we do not transfer data to non-agent third parties, if we were to, we will also provide individuals with opt-out before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.
We and our sub processors use industry standard security measures to protect information from unauthorized access.
A discussion of Article 1.f (Legitimate Interest) can be found at https://www.gdpreu.org/the-regulation/key-concepts/legitimate-interest/ An email from the employee to his friend/associate inviting him/her to consider a specific job at his company meets the requirements of 1.f because: First, this is a one-to-one and friend-to-friend communication, where the sender has implicit permission to communicate, with a purpose clearly in the interest of the recipient, and with no follow-on/repetition unless the friend applies for the job. Recital 47 of the DGPR addresses our situation with “Such legitimate interest could exist for example where there is a relevant and appropriate relationship between the data subject and the controller…” And second, the GDPR is explicit that opt-in is required where there is the potential for opt-in, with the example of a pizza parlor which collects an address for the purpose of delivery and could at this time request an opt-in for marketing purposes, but in our case there is no opportunity for getting opt-in prior to sending the invitation email.
This Policy may be amended from time to time, consistent with EU GDPR regulations, with the Privacy Shield Principles and with other applicable data protection and privacy laws and principles. We will make users of our application aware of changes to this policy either by posting to our website, through email, or other means. We will notify those who share personal data with us if we make changes that materially affect the way we handle personal data previously collected, and we will allow them to choose whether their data may be used in any materially different manner.