EU Worker Privacy Notice
FOR CURRENT AND FORMER WORKERS IN THE EUROPEAN UNION
Last updated: May 25, 2018
1. Scope of application
This privacy notice applies to the processing of personal data that Square (“we” or “us”) collects about current or former employees, applicants, contractors, subcontractors, and employees of contractors or subcontractors in the European Union (collectively referred to as “you”). It also describes your data protection rights, including a right to object to some of the processing which Square carries out. More information about your rights, and how to exercise them, is set out in the Your Choices and Rights section.
We also may provide you with additional information when we collect personal data, where we feel it would be helpful to provide relevant and timely information.
2. What personal data we collect
- Personal identification and communication information: for example, your name, home address, phone number, email address; nationality, national ID number, immigration status and, where permitted for diversity purposes, information concerning your gender, health, race and ethnicity;
- Application-related information: for example, resume/curriculum vitae (CV), cover letter, employment history, education history, reference contact information, and background screening information if relevant;
- Family, lifestyle and social circumstances information: for example, beneficiaries’ details in relation to certain benefits, emergency contacts, marital status, information about family members where necessary for the provision of applicable benefits;
- Employment-related information: for example, job title, compensation, benefits, bank details, performance history, training records, accident records, expense records (such as details of out-of-pocket expenses, corporate credit cards, company cars or private cars where an allowance is claimed and mobile phone costs);
- Benefit-related information: for example, medical leave information, medical certificates, other documents required to confer special benefit status, such as information concerning pregnancy status and age of children where applicable;
- Sensitive information: for example, information about your health and disabilities where we need to make any reasonable adjustments; and
- Information about your use of our systems: for example, your use of our IT systems and electronic devices used by, or allocated to, you.
3. Why we collect, use and store this personal data
We collect, use and store your personal data for the reasons set out below.
Where this is necessary for Square to enter into or administer your contract of employment or for services or in connection with services or benefits which you request from us.
- The administration of payroll and benefits, absences, compensation, and expense management.
- To allow you to access medical insurance, occupational health, retirement plans, stock plans, access to company cars and automotive insurance, and childcare benefits, where provided. Some benefits may require you to provide personal data concerning family members, partners or next of kin, in which case you must inform them before providing it to us.
Where necessary to comply with a legal obligation.
- Making deductions from payroll for tax and social security purposes and providing information to tax and social security authorities, as required by law.
- Managing statutory sick pay and maternity pay.
- For regulated roles: compliance with regulatory, auditing, investigative requirements, including the continual assessment of your ability to occupy a regulated role.
Where necessary for Square’s legitimate interests, as listed below, and where our interests are not overridden by your data protection rights.
- To conduct background checks during your employment or engagement with us.
- Managing and developing our personnel - for example, performance and talent management, training and leadership development, recognition, employee surveys and marketing to employees.
- Arranging insurance.
- Arranging professional travel.
- Planning our business.
- Protecting our legitimate business interests and legal rights. This includes, but is not limited to, use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements.
- Managing the performance and security of our equipment, facilities and electronic platforms. This includes administering access rights, monitoring compliance with information security and other company protocols, and where permitted by local law and in accordance with relevant policies, for investigations and disciplinary actions.
- Publishing internal directories and providing other internal communications tools. This includes information which you provide for your internal company profile (including your photo).
- To analyse and monitor the diversity of the workforce in accordance with applicable laws. This includes, for example, compliance with equal opportunity employment laws.
Where you have given consent. For example, we ask for your permission to use your image in a company publication. Where we ask for consent, you are free to withhold or revoke it.
Where we require the information to manage your employment contract or benefits, or where we are required under applicable employment, social security, social protection or other laws applicable to us, the provision of information is mandatory. If you do not provide the relevant data, then we will not be able to fulfil some of our commitments or provide certain benefits to you. All other provision of your information is optional. Where you do not provide the relevant data for in these circumstances, the consequences will be explained to you at the time.
4. Verification and background checks
For certain positions, it will be necessary for us to verify the details you have supplied (for example, in relation to your identity, employment history, academic qualification and professional credentials) and to conduct background checks both before and during the course of your employment (for example, in relation to previous criminal convictions, financial standing, global watch lists, and sex offender registries where legally permissible). The level of checks will depend on your role, in particular whether you occupy a regulated function. Background checks will be conducted by Square’s third party background screening provider on a periodic basis set by Square to continue evaluating your ability to occupy a regulated role. You can reach out to the Human Resources team for more information about background checks.
5. How we share your personal data
We will share your personal data with other members of Square to the extent required for the role for which you are applying or for your employment or assignment.
Your personal data will be shared with companies providing services under contract to the Square group, such as training providers, help desk providers and IT hosting and/or IT maintenance providers, consultants, legal advisors, and accountants.
Your personal data also will be shared with third party benefits providers, such as for the purposes of obtaining health or life insurance, childcare vouchers and other applicable benefits. Personal data will also be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the protection of our legitimate interests in compliance with applicable laws.
In the event that a Square business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers and/or their advisers. In addition, in an acquisition in which a Square business is the purchaser, your details may be shared with the seller and/or its advisors.
6. Your choices and rights
You have the right to ask Square for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you provide in a structured, machine readable format. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement). Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to Square processing your data, this will not affect any processing which has already taken place at that time.
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you have unresolved concerns, you have the right to complain to a data protection authority in the country where you reside or are employed.
7. How long we retain your personal data
We will retain your personal data only for as long as we need it for Square’s legitimate interest in accordance with applicable law, to fulfil your employment contract or perform a service at your request, or to meet a legal requirement, after which we will take steps to delete your personal data or hold it in a form that no longer identifies you.
8. International transfers
Your personal data will be processed in or accessed from jurisdictions outside the European Economic Area (“EEA”) by Square and our service providers (e.g. screening providers) in jurisdictions that do not have equivalent data protection laws to those in the EEA for the purposes outlined above.
When we transfer your data to Square affiliates outside of the EEA we use an intra-company agreement containing European Commission-approved standard contractual clauses. When we transfer your data to organisations outside Square we use European Commission-approved standard contractual clauses to safeguard the transfer, unless we transfer personal data to a third party that has implemented Binding Corporate Rules or which uses the EU-U.S. Privacy Shield, in which case we may rely on one of those mechanisms to safeguard the transfer. For further information, including how to obtain a copy of the documents used to protect your information, please contact us as described in the Contact Us section below.
9. Updates to this privacy notice
This privacy notice may be updated periodically. We will update the date at the top of this privacy notice accordingly and encourage you to check for changes to this privacy notice, which will be available at squareup.com/legal. On some occasions, we may also actively advise you of specific data handling activities or significant changes to this privacy notice, as required by applicable law.
10. Contact us
The data controller for your personal data will be the Square entity by whom you are employed, or engaged as a Square contractor.
If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at email@example.com or feel free to discuss this with Human Resources, or Square’s Data Protection Officer, who can be contacted at firstname.lastname@example.org.
Version History 1.0 May 25, 2018 Jeffrey Osofsky Initial Publication