Candidate Data Protection Standards
The aim of these Candidate Data Protection Standards (“Standards”) is to provide adequate and consistent safeguards for the handling of candidate data by SABIC Innovative Plastics entities.
The identifiable information about yourself that you provide to a SABIC Innovative Plastics entity as a job seeker for a position with a SABIC Innovative Plastics entity (the “Candidate Data” or “Data”) will be used for recruitment purposes, and the Candidate Data will be protected in accordance with SABIC Innovative Plastics’ Standards outlined below and all applicable laws.
By submitting your Candidate Data, you confirm and agree that:
you have reviewed the SABIC Innovative Plastics Standards
SABIC Innovative Plastics may process the Candidate Data according to
the purposes set out in these Standards; and
the Candidate Data may be transferred worldwide consistent with the
SABIC Innovative Plastics Standards.
Your consent is required in order to complete the submittal process. If you do not agree, click on the “x” button in the upper right-hand corner and the submittal process will discontinue.
These Standards, unless noted otherwise, do not form part of any contract of employment, where applicable, offered to successful hires.
These Standards apply to all SABIC Innovative Plastics entities that process Candidate Data.
Processing refers to any action that is performed on Candidate Data, whether in whole or in part by automated means, such as collecting, recording, organizing, storing, modifying, using, disclosing, or deleting such data.
Candidate Data are defined as any identifiable information about you that you or someone else provides (on behalf of you or SABIC Innovative Plastics) in the context of applying for a position with a SABIC Innovative Plastics entity.
These Standards do not cover data rendered anonymous or where pseudonyms are used. Data are rendered anonymous if individual persons are no longer identifiable or are identifiable only with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult. If Data rendered anonymous become no longer anonymous (i.e., individual persons are again identifiable), or if pseudonyms are used and the pseudonyms allow identification of individual persons, then these Standards will again apply.
III. APPLICATION OF LOCAL LAWS
These Standards are designed to provide a uniform minimum compliant standard for every SABIC Innovative Plastics entity with respect to its protection of Candidate Data worldwide. SABIC Innovative Plastics recognizes that certain laws may require stricter standards than those described in these Standards. SABIC Innovative Plastics entities will handle Candidate Data in accordance with local law applicable at the place where the Candidate Data is processed. Where applicable local law provides a lower level of protection of Candidate Data than that established by these Standards, then the requirements of these Standards shall apply.
IV. PRINCIPLES FOR PROCESSING CANDIDATE DATA
SABIC Innovative Plastics respects the privacy rights and interests of each individual. SABIC Innovative Plastics entities will observe the following principles when processing Candidate Data:
Data will be processed fairly and lawfully.
Data will be collected for specified, legitimate purposes and not processed
further in ways incompatible with those purposes.
Data will be relevant to and not excessive for the purposes for which they
are collected and used. For example, Data may be rendered anonymous
when feasible and appropriate, depending on the nature of the Data and
the risks associated with the intended uses.
Data will be accurate and, where necessary, kept up-to-date. Reasonable
steps will be taken to rectify or delete Candidate Data that is inaccurate or
Data will be kept only as long as it is necessary for the purposes for which
it was collected and processed.
Data will be processed in accordance with the individual’s legal rights (as
described in these Standards or as provided by law).
Appropriate technical, physical, and organizational measures will be taken
to prevent unauthorized access, unlawful processing, and unauthorized or
accidental loss, destruction, or damage to Data.
V. DATA COLLECTION
You may use various methods to submit your Candidate Data to SABIC Innovative Plastics. These methods may include: (a) e-mail to SABIC Innovative Plastics personnel; (b) online submittal of Candidate Data processed by a third party service provider into an electronic database based in the U.S. accessible by SABIC Innovative Plastics authorized personnel; or (c) via a SABIC Innovative Plastics employment application.
SABIC Innovative Plastics may periodically collect further information with your consent or in accordance with applicable laws. For example, SABIC Innovative Plastics may collect your feedback and opinions (e.g., surveys) for business purposes, such as improving processes. You may respond to these surveys voluntarily or may elect not to respond and will not suffer reprisals for your decision. These Standards will be applicable to any further information collected including any responses to such surveys.
VI. PURPOSES AND ACCESS FOR CANDIDATE DATA PROCESSING
SABIC Innovative Plastics entities process Candidate Data for legitimate human resources purposes. Such processing will be conducted within such purpose limitations and in accordance with applicable law. The principal human resource purposes include: Identifying and/or evaluating candidates for positions at SABIC Innovative Plastics; making a decision about whether the individual should be hired; maintaining appropriate record-keeping related to hiring practices; analyzing the hiring process and outcomes; and conducting background investigations, where permitted by law (the “Purposes”).
If a SABIC Innovative Plastics entity processes your Candidate Data for purposes that go beyond the Purposes described above, the SABIC Innovative Plastics entity responsible for the new purpose will ensure that you are informed of the new purposes for which your Candidate Data are to be used, and the categories of recipients of your Candidate Data.
Your Data will be accessed and processed by individuals who are involved in the hiring process for SABIC Innovative Plastics and who have a legitimate need to access and process your Data for the Purposes.
VII. TYPES OF CANDIDATE DATA
Candidate Data that is processed includes:
Work history/job data
Online questionnaire results
Candidate contact information
Previous addresses or names of the Candidate
Additional information provided by the Candidate (e.g., a cover letter)
Driver’s license number, as needed for certain positions
Criminal history, where permitted by law
EEO information - U.S. Only
VIII. SPECIAL CATEGORIES OF DATA
To the limited extent a SABIC Innovative Plastics entity needs to collect any Special Data (such as data containing personal information about racial or ethnic origin, political opinions, religious or political beliefs, trade-union membership, health or medical records, or criminal records), the SABIC Innovative Plastics entity will collect this data and ensure that the individual is informed of such collection and processing. Where required by law, the person’s explicit consent to the processing and particularly to the transfer of such data to non-SABIC Innovative Plastics entities will be obtained. Appropriate security and protection measures (e.g., physical security devices, encryption, and access restrictions) will be provided depending on the nature of these categories of data and the risks associated with the intended uses.
IX. SECURITY AND CONFIDENTIALITY
SABIC Innovative Plastics entities are committed to taking appropriate technical, physical, and organizational measures to protect Candidate Data against unauthorized access, unlawful processing, accidental loss or damage, and unauthorized destruction.
Equipment and Information Security
To safeguard against unauthorized access to Candidate Data by third parties outside SABIC Innovative Plastics, all electronic Candidate Data held by SABIC Innovative Plastics entities are maintained on systems that are protected by secure network architectures that contain firewalls and intrusion detection devices. The servers holding Candidate Data are “backed up” (i.e., the data are recorded on separate media) on a regular basis to avoid the consequences of any inadvertent erasure or destruction of data. The servers are stored in facilities with comprehensive security and fire detection and response systems.
SABIC Innovative Plastics entities limit access to internal systems that hold Candidate Data to a select group of authorized users who are given access to such systems through the use of a unique identifier and password. Access to Candidate Data is limited to and provided to individuals for the purpose of performing their job duties (e.g., a human resources manager may need access to a Candidate’s contact information for the purposes of setting up an interview). Compliance with these provisions will be required of third-party administrators who may access certain Candidate Data, as described in SECTION XI. TRANSFERRING DATA.
SABIC Innovative Plastics will conduct training regarding the lawful and intended purposes of processing Candidate Data, the need to protect and keep information accurate and up-to-date, and the need to maintain the confidentiality of the Data to which employees have access. Authorized users will comply with these Standards, and SABIC Innovative Plastics entities will take appropriate disciplinary actions, in accordance with applicable law, if Candidate Data are accessed, processed, or used in any way that is inconsistent with the requirements of these Standards.
X. RIGHTS OF DATA SUBJECTS
Any person may inquire as to the nature of the Candidate Data stored or processed about him or her by any SABIC Innovative Plastics entity. You will be provided access to Candidate Data as is required by law in your home country, regardless of the location of the data processing and storage. A SABIC Innovative Plastics entity processing such data will cooperate in providing such access either directly or through another SABIC Innovative Plastics entity. All such requests for access may be made by sending a request in writing to:
Human Resources Data Protection Administrator
SABIC Innovative Plastics.
1 Plastics Avenue
Mail Drop - KD
Pittsfield, MA 01201
Candidate Data will be available for access for a reasonable period of time, and SABIC Innovative Plastics will allow you to view your Candidate Data upon reasonable notice and at reasonable times.
You may also contact the Human Resources Data Protection Administrator to ask questions regarding these Standards or your Candidate Data or withdraw your consent. Any letters sent to the Administrator for any other purpose other than the above will not be responded to and will be discarded.
If access or rectification is denied, the reason for the denial will be communicated and a written record will be made of the request and reason for denial. Candidate Data will be deleted at the written request of the candidate, unless the law requires such data to be maintained for a longer period of time.
If any Candidate Data is inaccurate or incomplete, you may request that the data be amended by submitting a new resume/CV with the updated information (e.g., new home address or change of name).
In addition, you may send an email to HRDPA@sabic-ip.com to withdraw your consent.
XI. TRANSFERRING DATA
Transfers to other SABIC Innovative Plastics entities:
SABIC Innovative Plastics strives to ensure a consistent and adequate level of protection for Candidate Data that is processed and/or transferred between SABIC Innovative Plastics entities. All SABIC Innovative Plastics entities are covered under these Standards and transfers of Candidate Data within SABIC Innovative Plastics entities will be consistent with these Standards.
Transfers to non-SABIC Innovative Plastics entities:
Selected Third Parties: At times, SABIC Innovative Plastics entities may be required to transfer Candidate Data to selected external third parties that they have hired to perform certain employment-related services on their behalf. These third parties may process the data in accordance with the SABIC Innovative Plastics entity’s instructions or make decisions regarding the data as part of the delivery of their services. In either instance, SABIC Innovative Plastics entities will select reliable suppliers who undertake, by contract or other legally binding and permissible means, to put in place appropriate security measures to ensure an adequate level of protection. SABIC Innovative Plastics entities will require external third-party suppliers to comply with these Standards or to guarantee the same levels of protection as SABIC Innovative Plastics when handling Candidate Data. Such selected third parties will have access to Candidate Data solely for the purposes of performing the services specified in the applicable service contract. If a SABIC Innovative Plastics entity concludes that a supplier is not complying with these obligations, it will promptly take appropriate actions.
Other Third Parties: SABIC Innovative Plastics entities may be required to disclose certain Candidate Data to other third parties (1) as a matter of law (e.g., to tax and social security authorities); (2) to protect SABIC Innovative Plastic’s legal rights (e.g., to defend a litigation suit); or (3) in an emergency where the health or security of a Candidate is endangered (e.g., a fire).
XII. DIRECT MARKETING
SABIC Innovative Plastics entities will not disclose Candidate Data outside SABIC Innovative Plastics to offer any products or services to a Candidate for personal or familial consumption (“direct marketing”) without his or her prior consent.
The restrictions in this section apply only to contact data obtained in the context of applying for a position with SABIC Innovative Plastics. They do not apply to contact data obtained in the context of a consumer or customer relationship.
XIII. AUTOMATED DECISIONS
Some countries regulate the making of Automated Decisions, which are decisions about individuals that are based solely on the automated processing of data and that produce legal effects that significantly affect the individuals involved.
In some circumstances, job seekers will be asked to complete a questionnaire where automated decisions will be made based on the Candidate’s responses.
Except in limited circumstances (e.g., the screening via computer or telephone for some open positions in SABIC Innovative Plastics), SABIC Innovative Plastics entities do not make Automated Decisions to evaluate individuals or for other purposes. If Automated Decisions are made, affected persons will be given an opportunity to express their views on the Automated Decision in question by contacting the Human Resources Data Protection Administrator.
XIV. ENFORCEMENT RIGHTS AND MECHANISMS
All SABIC Innovative Plastics entities will ensure that these Standards are observed. All persons who have access to Candidate Data must comply with these Standards. In some countries, violations of data protection regulations may lead to penalties and/or claims for damages.
If, at any time, a person believes that Candidate Data relating to him or her has been processed in violation of these Standards, he or she may report the concern to the Human Resources Data Protection Administrator.
If the concern relates to an alleged violation of these Standards by a SABIC Innovative Plastics entity located in a country other than that of the person or the exporting SABIC Innovative Plastics entity, he or she may request the assistance of the exporting entity. That SABIC Innovative Plastics entity will assist him or her in investigating the circumstances of the alleged violation. If the violation is confirmed, the exporting and importing entities will work together with any other relevant parties to resolve the matter in a satisfactory manner, consistent with the provisions of these Standards.
If the Human Resources Data Protection Administrator or the local SABIC Innovative Plastics entity does not resolve the concern, it may be escalated to the SABIC Innovative Plastics Privacy Review Board (PRB), chaired by the SABIC Innovative Plastics Privacy Leader, for further review. The SABIC Innovative Plastics PRB may be contacted by email at PRB@sabic-ip.com or by fax at 413-448-7166. The SABIC Innovative Plastics PRB will communicate its decision and any associated remedy to the relevant persons.
The processes described in these Standards supplement any other remedies and dispute resolution processes provided by SABIC Innovative Plastics and/or available under applicable law.
XV. AUDIT PROCEDURES
To further ensure enforcement of these Standards, the SABIC Innovative Plastics HR Data Protection Administrator and Labor & Employment Counsel will identify Candidate Data procedures that should be audited, as deemed necessary, and ensure that appropriate resources are provided. Reports of any audit findings will be submitted to the SABIC Innovative Plastics PRB for review and response. The SABIC Innovative Plastics PRB will require an action plan to ensure compliance with these Standards. To the extent such matters cannot be adequately handled using SABIC Innovative Plastics resources, SABIC Innovative Plastics agrees to appoint an independent third party to conduct an investigation/audit of procedures or issues involving Candidate Data under these Standards.
XVI. COMMUNICATION ABOUT THE STANDARDS
In addition to the training on these Standards, SABIC Innovative Plastics will communicate these Standards to current and new employees by posting them on selected internal SABIC Innovative Plastics websites and by providing a link to the Standards on information technology applications where Candidate Data are collected or processed.
XVII. MODIFICATIONS TO THE STANDARDS
SABIC Innovative Plastics reserves the right to modify these Standards as needed, for example, to comply with changes in laws, regulations, SABIC Innovative Plastics practices and procedures, or requirements imposed by data protection authorities. SABIC Innovative Plastics Privacy Leader, or his/her designee, must approve all changes to the Standards for them to become effective. If SABIC Innovative Plastics makes changes to the Standards, SABIC Innovative Plastics will submit the Standards for renewed approval where required by law. SABIC Innovative Plastics will inform its employees and other persons (e.g., persons accessing SABIC Innovative Plastics websites to enter Candidate Data such as job application information) of any material changes in the Standards. SABIC Innovative Plastics will post all changes to the Standards on relevant internal and external websites.
Effective with the implementation of these Standards, all existing intra-group agreements and applicable company privacy guidelines relating to the processing of Candidate Data will be superseded by the terms of these Standards. All parties to any such agreements will be notified of the effective date of implementation of the Standards.
XVIII. OBLIGATIONS TOWARD DATA PROTECTION AUTHORITIES
SABIC Innovative Plastics will respond diligently and appropriately to requests from data protection authorities about these Standards or compliance with applicable data protection and privacy laws and regulations. SABIC Innovative Plastics employees who receive such requests should contact their local Human Resources manager or business legal counsel. SABIC Innovative Plastics will, upon request, provide data protection authorities with names and contact details of relevant contact persons. With regard to transfers of Candidate Data between SABIC Innovative Plastics entities, the importing and exporting SABIC Innovative Plastics entities will (i) co-operate with inquiries from the data protection authority responsible for the entity exporting the data, and (ii) respect its decisions, consistent with applicable law and due process rights.
Rights and Obligations with Respect to Candidate Data Collected Within the EU/EEA and Processed Elsewhere
In addition to any rights and obligations that are set forth in SABIC Innovative Plastics Candidate Data Protection Standards (“Standards”) or that otherwise exist, the following principles established in light of Directive 95/46/EC (“European Data Protection Directive”) will apply to Candidate Data collected by SABIC Innovative Plastics entities in the European Union/European Economic Area and processed elsewhere. In jurisdictions where this Addendum applies, the enforcement rights and mechanisms mentioned in the Standards also apply to the provisions of this Addendum. The following are not intended to grant employees further rights or establish further obligations beyond those already provided under the European Data Protection Directive:
1. Job seekers may object to the processing of Candidate Data about them on compelling legitimate grounds relating to their particular situation. This might occur, for instance, if the job seeker’s life or health is at risk due to the processing of the data. This provision shall not apply if the processing is (i) required by law, (ii) based on the job seeker’s individual consent, or (iii) necessary to fulfill a contractual obligation between the job seeker and SABIC Innovative Plastics.
2. After exhausting appropriate internal dispute resolution processes, job seekers may seek compensatory damages from a SABIC Innovative Plastics entity for loss or damage to them caused by a violation of the Standards (including the provisions of this Addendum) by the SABIC Innovative Plastics entity. The SABIC Innovative Plastics entity shall not be liable for damages if it has observed the standard of care appropriate in the circumstances.
3. If any of the terms or definitions used in the Standards are ambiguous, the definitions established under applicable local law within the relevant EU/EEA member state shall apply or where there are no such definitions under applicable local law, the definitions of the European Data Protection Directive shall apply.