EU APPLICANT PRIVACY NOTICE
FOR CANDIDATES FOR EMPLOYMENT OR CONTRACTUAL SERVICES 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”, “us” or “our”) collects about candidates for employment or for contractual services in the European Union (both 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: your name, home address, phone number; email address; date of birth, gender, national insurance number and immigration status;
- Application-related information: resume/curriculum vitae (CV), cover letter, employment history, education history, qualifications and skills, reference contact information, position preferences, willingness to relocate, desired salary, interests and aspirations, and background screening information if relevant; and
- Sensitive information: for example, information about your health and disabilities where we need to make any reasonable adjustments.
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 an employment contract with you.
- To make informed decisions on recruitment and assess your suitability for the role.
- To reimburse you for any agreed expenses incurred in the application process.
Where necessary to comply with a legal obligation.
- To assess your suitability in connection with your engagement in a regulated role, where applicable.
Where necessary for Square’s legitimate interests, as listed below, and where our interests are not overridden by your data protection rights.
- To improve our recruitment process and activities
- To verify the details you have supplied and conduct pre-employment background checks;
- To contact you about future career opportunities at Square.
- Protecting our legitimate business interests and legal rights, including, use in connection with legal claims, compliance, regulatory, auditing and investigative (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements.
- 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 we require the information to enter into an employment contract with you, or where we are required under applicable employment, social security, social protection or other laws applicable to us, the provision of information is mandatory. Where you do not provide your personal data to us, then we would be unable to enter into a contract with you or we may need to withdraw our offer of employment for certain roles, such as regulated roles. 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 pre-employment background checks (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 will occupy a regulated role, and will be conducted at as late a stage as is practicable in the recruitment process and often only after you have been selected for the position. If your application is successful, we will provide further information about the checks involved and will obtain any necessary consent prior to completing such 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 Square as part of the recruitment process, such as background checks.
Your personal data also will be shared with government authorities and/or law enforcement officials 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 purchaser and/or its advisers and will be passed to the new owners of the business. 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 you reside.
7. How long we retain your personal data
If you are hired or engaged: we will retain your personal data only for as long as we need it for Square’s legitimate interest in accordance with applicable law, for the purposes of the recruitment process and, once this process is finished, for an appropriate period so as to be able to deal with any legal claims linked to the application process. After this period which we will take steps to delete your personal data or hold it in a form that no longer identifies you. If you become a Square employee, personal information you provide will become a part of your employee file and may be used later for the management of the employment relationship.
If you are not hired or engaged: we will retain your personal data for up to 2 years so we can keep you in mind for future recruitment or engagement processes. If you would prefer that we did not keep your details on file, please let us know.
8. International transfers
Your personal data will be processed in or accessed from jurisdictions outside the European Economic Area (“EEA”) by members of 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 to whom you have applied. 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 Square’s Data Protection Officer, who can be contacted at email@example.com.