UPDATED August 25, 2023
Pursuant to Article 13 of the Regulation (EU) 2016/679 ofthe European Parliament and of the Council of 27 April 2016 on the protectionof natural persons with regard to the processing of personal data and on thefree movement of such data, and repealing Directive 95/46/EC (General DataProtection Regulation) (hereinafter: the “GDPR”),and the UK Data ProtectionAct 2018 and GDPR as enshrined into UK Law (together hereinafter: "UK Data Protection Law"), related to the collecting of personal data ofemployee candidates of MOMENTUMDESIGN LAB LTD , having its registeredaddress at 20-22Wenlock Road, London N1 7GU, England, UK and the company registration number: 11572467 (hereinafter: “Company” or “we”), the Company, as a personal data controller, submits to the employment candidate, the following:
(hereinafter: the “Notice”)
Thank you for your interest to become a part of our team.
1. Data Protection Principles: We will comply with data protection law and principles, which means that your data will be:
The Company respects your privacy and is committed to protecting your personal data. The Company is a personal data controller. This means that we are responsible for how we hold and use personal data about you. This notice is aimed to inform you of how and why your personal data will be used, for the purposes of the recruitment exercise, and how long it will be retained for. It provides you with certain information that must be provided under the Articles 13 and 14 of the GDPR.
2. Candidates i.e., categories of data subject: individuals who applied for opened job position and individuals who submitted their resumes to the Company (via the Company’s website or via LinkedIn), that is, candidates for employment contacted by the Company for the purpose of engaging in open positions in the Company, as well as persons who provided their information to the Company in some other way (e.g., in a job interview).
3. Purpose of processing: We process your personal data for the purpose of:
4. Legal Basis: It is in our legitimate interest to decide whether to appoint you to the role since it would be beneficial to our business to appoint a suitable candidate to that role. We also need to process your personal data to decide whether to enter into a contract with you.
Also, based on legitimate interest, the Company keeps your data after the selection process so that it would not contact you again if you do not correspond to the Company culture or the Company does not see the possibility of cooperation for other reasons. The legitimate interest of the Company to keep your data after the selection process is justified by the needs of the Company to conduct HR management and speed up the selection process. It is also in your interest to keep the data for this purpose so that you do not have to go through the selection process unnecessarily, although you will not be selected for an open position. TheCompany has documented a legitimate interest assessment for greater transparency.
In case of processing of the special category of personal data pursuant to Section 8 of the Notice, data processing is carried out in order to fulfill the obligation or special rights of controllers in the field of labour law to the extent permitted by applicable law.
After receiving your CV and cover letter, or after we collect your data in another method in accordance with paragraph 6 of the Notice, we will then process that data to decide whether you meet the basic requirements to be shortlisted for the role.If you do, we will decide whether your application is suitable to invite you for an interview. If we decide to call you for an interview, we will use the data you provide to us at the interview to decide whether to offer you the role. After passing the selection, as part of the pre-onboarding we may send you a questionnaire to collect additional personal data for the purpose of entering into a contract.
We will process certain data on the basis of your explicit consent (Section 11). Additionally, processing of your publicly available data on business social media (e.g.,LinkedIn) in order to invite you to participate in the selection process or to add you to our candidates’ database is based on your consent given to these services.
5. Category of personal data:
6. Methods of data collecting: We collect personal data about candidates from the following sources:
7. If you fail to provide personal data when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history),or to enter into a contract with you, we may not be able to process your application further.
8. How we use particularly sensitive personal data:We will use your sensitive personal data (hereinafter: the “sensitive data”) only in so far as we are permitted by UK Data Protection Law to do so: We will use data about your health or disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
9. Automated decision-making: You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
10. Data Retention: We will retain your personal data for a period of 6 months after your last application date if your application was unsuccessful. We retain your personal data for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidateson prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. We further retain such personal data in case a similar role becomes vacant for which you will be a fitting candidate. After this period, we will securely destroy your personal data in accordance with our data retention policy unless you have consented that we retain your personal data after this period, in which case we will retain your personal data for a maximum of 1 (one) year after your last application date (after which period we will destroy your personal data as explained above). If your application is successful and you enter into an employment relationship, we will retain your data for the period of your employment and after the termination of employment in accordance with our data retention policy. If the processing is based on consent, we will keep the data until the consent withdrawal. If the processing is based on our legitimate interest, we will keep the data until our legitimate interest exists.
12. Personal data users and processors: access to personal data is limited to Company employees who need it. The Company shall share the data with Company’s affiliates, professional advisors, and service providers in accordance with UKData Protection Law in order to assess your application.
13. Request for consent for data processing and collection
The Company may collect personal data that are not necessary for performing an obligation under the agreement with a data subject or exercising the activity requested by a data subject, before entering into the agreement, complying with the Company’s obligation prescribed by Law, and performing Company’s legitimate interests. The data we process based on your consent and the purpose for which we collect them are:
By signing the Consent for processing, the data subject, gives his/her explicit consent to the Company to process his/her personal data types for which he/she marked the response YES for the stated purposes.
Data subject consent withdrawal and legal consequences: Consent can be withdrawn freely at any time by the submission in writing. By withdrawing the approval, personal data collecting would be stopped, and the collected personal data would be erased. Consent withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.
14. Data subject’s rights:
15. Right to lodge a complaint: data subject is entitled to lodge a complaint with the Information Commissioner's Office, at: https://ico.org.uk/make-a-complaint. The ICO will usually expect you to have exhausted your complaint with us first.
16. Personal data protection measures: The Company undertakes adequate technical, organizational and personnel security measures and has the necessary protection mechanisms in place, in order to process personal data in accordance with UKData Protection Law and to prevent the misuse of the data or accidental, unlawful or unauthorized access, destruction, loss, alterations, disclosure or acquisition of the data.
The measures include the electronic and physical protection of the collected data on the employees.
17. Address for personal data protection queries: In the event of any questions, requests and information related to personal data protection as well as exercising rights of data subjects, the data subjects can contact the Company at the following e-mail address: email@example.com.
Terms used in this Notice shall have the meaning in accordance with UK Data Protection Law.
Momentum (“Momentum,” “Company,” “We,” “Our,” “Us”) respects your privacy and is committed to protecting your personal data. The Company is responsible for your personal data. This means that we are responsible for deciding how we hold and use personal data about you. This Candidate, Employee & Contractor Privacy Notice (“Notice”) is aimed at informing you of how and why your personal data will be used, for the purposes of the recruitment exercise, during employment or for fulfilling our contractual obligations, and how long it will be retained for. It provides you with certain information that must be provided under US federal and state laws governing personal data.
We collect personal information from job candidates, employees, officers, contractors, and former job candidates, employees, officers, and contractors (collectively, “members”) in the course of our hiring, employment, and termination process, and in accordance with federal and state laws.
In this notice, Momentum refers to Momentum Design Lab, LLC, with its office located at 300 8th Ave, Suite 200, San Mateo, CA 94401, USA.
What Information Do We Collect?
We may collect the following categories of personal information:
We may also collect the following categories of sensitive personal information:
We may also collect additional information that you choose to provide to us during the interview process or while you work for us.
How Do We Use Your Personal Information?
We will use your personal information for the following purposes:
We may collect additional categories of personal information for other business-related purposes and/or use personal information collected for additional purposes, upon prior written notice to you.
Who Has Access to Data?
Your information may be shared internally for the purposes of the recruitment process. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy, members of Legal team, and IT staff if access to the data is necessary for the performance of their roles.We will not share your data with third parties unless your application for employment is successful and we make you an offer of employment. We may then share your data with former employers to obtain references for you, and employment background check providers to obtain necessary background checks.
During and after your term of employment, we share your data with the following categories of parties, as necessary for the purposes described in this privacy notice:
In the event of a change of control or ownership of the Company or in the event all or part of the Company's business is otherwise transferred to a third party, you are hereby informed that your Personal Data as collected and maintained by the Company may be transferred to that third party, subject to applicable law.
Security of Your Personal Data
We employ security measures and technologies, such as password protection, encryption, and physical locks, etc., to prevent the unauthorized access and disclosure of your personal information. If you are authorized to have access to the personal data of others, it is important that you take appropriate safeguards to protect this personal data, in accordance with our written security policies and procedures. Some of them may include the following behavior:
A more detailed list of personal data protection measures that the Company has implemented is available in the Company’s Personal Data Retention Policy available at the Company’s internal website.
Retention of Your Personal Data
Upon your separation of employment with the organization, your personal information shall be retained and destroyed according to our document retention policy and in compliance with applicable laws and regulations. Please refer to our Personal Data Retention Policy for more information (available at the Company’s internal website).
Privacy Rights & Additional Disclosures for Californians
Californians have new privacy rights for their personal information. As we have done above, businesses are required to inform members of the categories of personal information they collect and the purposes for which the categories will be used, at or before the point of collection.
Starting January 1, 2023, Californians also have the following rights:
Request for Information or Deletion. Californians have the right to know whether we are processing your personal information, and in some instances, you have the right to request that we disclose to you the categories listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information. In responding to this right, we shall provide to you:
In addition, you may have the right to request we delete your personal information.
Request for Correction. Californians have the right to request the correction or rectification of inaccurate information in their personal information.
Do Not Sell or Share My Personal Information. Californians have the right to opt out of the sale or sharing of the individual’s personal information. However, we do not sell your personal information, nor do we share your personal information to provide personalized or targeted advertising. If you have any questions or further comments on the matter, please reach out to us via the contact information at the bottom of this document.
Limiting the Use of Sensitive Personal Information. Residents of California have the right to direct us to use or disclose sensitive personal information only for providing goods or services, or as otherwise minimally permitted under applicable law. However, we do not use or disclose sensitive personal information for any purpose not defined under this Notice, or as otherwise minimally permitted under applicable law.
Right of Non-Retaliation. Employees, applicants, and independent contractors that are residents of California have the right not to be retaliated against by an employer for actualizing these rights.
Verification Process for Exercising Rights. To protect your privacy, we verify privacy rights requests to ensure that only you (or your authorized agent) can exercise rights pertaining to your personal information. As part of our verification process, we may request you to submit additional information.
If you are an authorized agent wishing to exercise rights on behalf of a state resident, please contact us using the information at the bottom of this Notice and provide us with a copy of the resident’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request.
Changes to the Privacy Notice
This Privacy Notice is effective as of the date noted above. We may update this Privacy Notice from time to time. If we make material changes, we will post the updated Notice on our internal web page and change the date at the top. We encourage you to review updates by checking the date referenced above.
Contact InformationWe welcome your questions, comments, and concerns about privacy. You may contact firstname.lastname@example.org for any additional questions.
What if You Do Not Provide Personal Data?
If you are a candidate, you are under no statutory or contractual obligation to provide data to Momentum during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.
If you are an employee or contractor, you are under a contractual obligation to provide data to Momentum during the employment process / entering into contractual relationship with us, for us to provide payroll and employment benefits and/or for fulfillment of our contractual obligations. However, we collect and process data in accordance with this Notice, and we encourage you to contact us if you have questions or concerns.