Privacy Notice to Job Applicants and Employees
Version 1/2022, Last Update 21st January 2022
This Privacy Notice to Job Applicants and Employees („Privacy Notice“) describes how personal data of job applicants, employees, individual contractors, consultants or directors (“you”) is handled when it is processed by a member of Mirantis Group (“We” or “Mirantis”). Mirantis Group in this document refers to Mirantis, Inc., a Delaware corporation, with offices at 900 E. Hamilton Avenue, Suite 650, Campbell, CA 95008, USA and any affiliated entity that is (directly or indirectly) owned or controlled by Mirantis, Inc., as listed here.
Personal Data in this document means and includes any information relating to an identified or identifiable natural person covered by this Privacy Notice and protected by applicable law.
We reserve the right to update this privacy notice at any time, and we will make the new privacy notice available to you on our websites.
A. Processing of Personal Data in Recruitment Process
The personal data and documents that a member of Mirantis Group receives or otherwise collects in the context of recruitment process shall be processed as follows:
1. Categories of Personal Data. We usually process the following categories of personal data about our job applicants:
Full name, contact details, location;
All personal data contained in your CV, such as information about your education, employment history, date of birth, photo, skills and anything else mentioned in your CV;
All personal data contained in further documents that you send us for purpose of recruitment process such as resume, cover letter or other similar documents;
Further personal data that you provide about yourself within the interview process either orally or in writing (such as employment references, compensation information etc.) or that we subsequently collect to verify your background.
2. Sources of Personal Data. If you are a job applicant applying for a position at Mirantis, the primary source of personal information that we will collect about your person is You and your submitted documents such as your resumé, cover letter, or other documents or information that you provide in the course and/or for purpose of the interview process via different means.
Furthermore, we can collect additional personal data about You from available sources such as professional social networks where you are registered or other publicly available websites which contain information about you (to the extent permitted by law). When we engage third parties providing recruitment, employment background check or similar services, those third parties might also be a source from which we collect your personal data.
3. Purposes of Processing. We use the data obtained in the recruitment process for the purpose of communication with you, evaluation of your eligibility for employment with Mirantis and selection of the best candidate, including reasonable evaluation of provided information and background check. We might also use your personal data to offer you a different position than for which you applied if we think that you could be the best candidate for such a position.
4. Basis for processing. Whenever we process the personal data collected from you, our legal basis for this is your consent provided either directly or indirectly expressed by submission of your personal data. You can always withdraw from this consent by delivery of your written withdrawal to us but after this withdrawal we will not be able to consider you further as a potential candidate for employment with Mirantis. For certain personal data that we can collect about you or that we receive, our legal basis for processing is our legitimate interest such as verification of the information provided by you or defense against possible legal claims.
5. Storage of Personal Data. We will store your personal data for the whole period of the recruitment process for the position in connection with which we received your personal data. If you are not selected, the personal data about you will be deleted from our systems within a reasonable period of time necessary to protect our legitimate interests, unless you expressly agree with processing for a longer period of time.
6. Consequences of Not Providing the Data. The provision of personal data within the recruitment process is not required by statutory or contractual requirement. However, we need this information to find the best candidate and therefore refusal to provide us with these data or documents will negatively affect our ability to consider you as our potential employee.
7. Third parties with which the Personal Information might be shared. Mirantis might share your personal information with third parties only as reasonably necessary for the purpose for which we collect it as stated above. The entities with which Mirantis might share your personal information might involve:
affiliated companies of Mirantis listed at https://www.mirantis.com/company/affiliates-and-subcontractors/;
external recruiters or companies providing background check services;
third parties providing services to Mirantis such us payroll processing companies, technology services or other services providers;
third parties engaged in the process of reorganization, merger, sale, joint venture, transfer or other disposition of Mirantis’ business, legal or other advisors or state or government authorities as required by law.
Please be assured that we will NOT SELL your personal data.
B. Processing of Personal Data of Employees, Individual Contractors, Consultants and Directors
When you become an employee, individual contractor, consultant or director of a member of Mirantis Group, we will process your data in accordance with the following principles:
1. Categories of Processed Personal Data. We usually process the following categories of personal data about our employees, individual contractors, consultants or directors (may vary in different locations):
Full name, permanent and temporary address, birth date, gender, nationality;
Contact and emergency contact details;
Information about your ID card or passport;
Information needed for payroll, benefits and expenses purposes (such as salary, bank account number), entitlement for annual or other leave, sickness and other absence;
Marital status and dependents;
National Insurance number, information about insurance company;
Information about other employment relationship;
Your employment contract, any information specified therein and any amendments to it (such as full name, address, date of birth, citizenship);
All personal data from correspondence with or about you, for example documents provided within the recruitment process, letters to you about a pay rise or, at your request, a letter to your mortgage company confirming your salary;
Information about your position such as job title, employee number;
Records relating to your career history with Mirantis, such as training records, appraisals, other performance measures and, where appropriate, disciplinary and grievance records;
Your photo, scan of your documents or other personal data about you if you provide them to us
other personal data as might be required based on local laws.
2. Personal Data of Foreigners. If we employ you as a relocated foreigner, we are usually required by law to process additional categories of personal data about you (again may vary for each state) such as information about work permit and residence permit or other documents required by law related to your status of foreign employee.
3. Processing of Information Related to Health. Where necessary, we may keep information relating to your health, which could include reasons for absence. This information will be used in order to comply with our health and safety and occupational health obligations – to consider how your health affects your ability to do your job and whether any adjustments to your job might be appropriate. We will also need this data to administer and manage statutory and company sick pay.
4. Sources of Personal Information. In the course of our relationship, we will retain the personal data collected before such a relationship and also we might collect or otherwise process further personal information about you whose source is you, your activities during our relationship or third parties, that will provide us with your personal personal data.
5. Purposes of Processing. We use the above mentioned personal data in order to perform our obligations under the employment (or other) contract with you or under the applicable laws, or for legitimate interest of us or another entity from Mirantis Group such as management, planning of our activities, internal cooperation and collaboration, equality and diversity in the workplace, protection of our property and other legitimate interest that might arise in the future. We will keep and use it to enable us to run the business and manage our relationship with you effectively, lawfully and appropriately, whilst you are working for us, at the time when your employment ends and after you have left.
6. Basis for processing. Most of the categories of personal data that we process about our employees are processed to comply with our legal obligations under labor laws or to perform our obligations towards you arising from the employment contract. We may process your personal data also under a different legal basis such as:
(a) Processing Based on Your Consent. Whenever you decide to upload into internal systems used by Mirantis Group (such as intranet, tools for internal communication etc.) any additional information about your person that are not required by us on mandatory basis (such as your photo, home contact details, copy of passport) or provide us with such information to be uploaded, you express your consent with processing of this personal data in all systems used by Mirantis until you decide to delete such personal data. You expressly agree that such data might be made available and processed by third parties for purposes consistent with the purpose for which you provided such personal data to us.
(b) Processing necessary for purposes of legitimate interest of us or a Third Party. You will, of course, inevitably be referred to in many company documents and records that are produced by you and your colleagues from Mirantis Group in the course of carrying out your duties and the business of the company. The personal data that is necessary to perform your job duties such as name, contact details, information about your position and location of your office might be shared with other members of Mirantis Group and with third parties on our websites or intranet for these purposes. In each such case, we or other members of Mirantis Group will process your personal data in accordance with the legitimate interest such as internal cooperation or communication, presentation or performance of service to customers, coordination of group activities. For these purposes, only a limited scope of your personal data will be processed in a manner that is not overridden by your interests or fundamental rights and freedoms.
7. Third parties with which the Personal Information might be shared. Mirantis might share your personal information with third parties only as reasonably necessary for the purpose for which we collect it as stated above. The entities with which Mirantis might share your personal information might involve:
affiliated companies of Mirantis listed at https://www.mirantis.com/company/affiliates-and-subcontractors/;
external recruiters or companies providing background check services;
third parties providing services to Mirantis such us payroll processing companies, technology services or other services providers;
customers or prospect customers of Mirantis;
third parties engaged in the process of reorganization, merger, sale, joint venture, transfer or other disposition of Mirantis’ business, legal or other advisors or state or government authorities as required by law.
Please be assured that we will NOT SELL your personal data processed for this purpose.
8. Storage of Personal Data. We will store your personal data for the whole time of your employment contract with Mirantis. After your employment contract is terminated, we will delete your personal data that we cannot process anymore as reasonably possible (usually within 60 days from the end of employment relationship), but please be aware that we will continue processing of your personal data necessary for compliance with our legal obligations under the applicable law or in order to safeguard a legitimate interest of Mirantis as long as this legal obligation or the legitimate interest exist.
C. Further Information For Individuals from European Economic Area or United Kingdom (EEA/UK)
If you apply for a position at Mirantis affiliate located in the EEA/UK territory or become their employee, individual contractor, consultant or director, we are required to inform you also about the following aspects of processing of Your personal data:
1. Data Controller. If you are a job applicant for the position in a certain EEA/UK country, the controller of your personal data is the Mirantis entity which is established in that country (see the list of Mirantis entities and their contact details here). If you applied for a position in a country where no Mirantis entity is established, the controller of your personal data is the Mirantis Poland Sp.z. o.o..
If you become an employee, individual contractor, consultant or director, the controller of your personal data is the Mirantis entity with which you entered into the agreement.
In both cases whenever you share personal data with Mirantis entity specified above, note that Mirantis, Inc. becomes or might become a joint controller or another controller of Your personal data together with the entity identified above.
2.Transfer to Third Countries and Information about Adequacy Decision.
Mirantis, Inc. as well as other member of Mirantis Group or other third parties engaged by Mirantis in processing of personal data of job applicants or employees operate globally, which includes countries outside EEA/UK (Mirantis, Inc. is established in the U.S., location of other affiliates is available here). Where your personal data is transferred during its processing to third countries outside the EEA/UK area that is not subject to adequacy decisions made by the EU Commission, we are obliged to ensure the adequate level of protection by other approved legal instruments. These instruments usually comprise either conclusion of the EU Standard Contractual Clauses with the third party or existence of approved Binding Corporate Rules of the recipient. Further information about these legal instruments might be obtained on the email address listed below.
3. Information About Your Rights. Under the EU General Data Protection Regulation (GDPR), corresponding law in the UK and/or local law applicable to us, you have a number of rights with regard to your personal data. You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability. If you have provided consent for the processing of your data you have the right to withdraw that consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.
4. Right to Lodge Complaint. You have the right to lodge a complaint to the supervisory authority established by the local law if you believe that we have not complied with the requirements of the EEA/UK personal data protection legislation with regards to your personal data.
D. Contact Details
Contact details of Mirantis, Inc. and its affiliates are available here.
Mirantis, Inc. has appointed a data protection officer which can be contacted at dataprivacy@mirantis.com.
