CloudWorker Privacy Policy

Glossary

“Personal data” is information relating to you (or from which you may be identified) which may be processed by automatic means or which is (or is intended to be) held in a manual system. It includes not only facts about you, but also intentions and opinions about you.

Personal data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from systems or equipment such as access passes within a building, performance data relating to a customer workstream and sound and image data such as CCTV, photographs and workstream related images.

"Processing" means doing anything with the data. For example, it includes collecting it, holding it, disclosing it and deleting it.

“Sensitive personal data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data. These types of data are subject to special protection under the law.

References in the CloudFactory Privacy Policy to “employment”, “work” and similar expressions include any arrangement under which an individual works for us or provides services to us. This includes individuals who are our employees, cloud workers and also those who provide services under a freelance or independent contractor arrangement. Similarly, when we mention an “employment contract”, this should be taken to include any contract with an employee, cloud worker, a freelancer or a contractor; and when we refer to ending your “employment”, that includes terminating a freelance engagement or a contract for services.

We use the word “you” to refer to anyone within the scope of this Privacy Notice.

Legal grounds for processing personal data

What are the grounds for processing?

Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts, more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.

Grounds for processing data

Term	Ground for processing	Explanation
Contract	Processing necessary for performance of a contract with you, or to take steps at your request prior to entering into a contract	This covers carrying out our contractual duties and exercising our contractual rights.
Legal obligation	Processing necessary to comply with our legal obligations	Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination
Legitimate interests	Processing necessary for our or a third party’s legitimate interests	We (and third parties) have legitimate interests in carrying out, managing and administering our respective businesses. Part of managing a business will involve the processing of your personal data. Your data will not be processed if, in processing your data, your interests, rights and freedoms related to the data override the business’ interests in processing the data for business purposes.
Consent	You have given specific consent to processing your data	In general processing of your data in connection with employment is not conditional on your consent. But there may be occasions where we do specific things such as provide a reference, deduct equipment lease payments or obtain medical reports and rely on your consent to do so.

Processing sensitive personal data

If we process sensitive personal data about you, as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal data applies. In outline, these include:

• Processing being necessary for the purposes of your or our obligations and rights in relation to employment in so far as it is authorised by law or collective agreement (e.g. processing health data about you so we can comply with our duties to provide you with a healthy and safe work environment)
• Processing relating to data about you that you have made public (e.g. if you tell colleagues that you are ill)
• Processing being necessary for the purpose of establishing, making or defending legal claims (e.g. processing data about your race in relation to defending a race discrimination claim by another employee)
• Processing being necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity
• Processing for equality and diversity purposes to the extent permitted by law.

Further information on the personal data we process and our purposes

The purposes for which we process your personal data, examples of the personal data that may be processed, and the grounds on which we process it, are set out in the table below.

The examples in the table cannot, of course, be exhaustive. For example, although the table does not mention personal data relating to criminal offences, if we were to find out that someone working for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes.

Examples of personal data we process and our purposes

Purpose	Examples of personal data that may be processed	Grounds for processing
Recruitment	Information concerning your application and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work. If relevant, we may also process information concerning your health, any disability and in connection with any adjustments to working arrangements.	Contract Legal obligation Legitimate interests
Your employment contract including entering into it, performing it and changing it.	Information on your terms of employment from time to time including your pay and benefits, such as your participation in the lease purchase of equipment.	Contract Legal obligation Legitimate interests
Contacting you or others on your behalf	Your address and phone number, emergency contact information and information on your next of kin	Contract Legitimate interests
Payroll administration and other financial benefits (including life assurance)	Information on your bank account, taxes and pension contributions (if applicable). Information on attendance, holiday and other leave and sickness absence.	Contract Legal obligation Legitimate interests
Supporting and managing your work and performance and any health concerns	Information connected with your work, anything you do at work and your performance including records of documents and emails created by or relating to you and information on your use of our systems including computers, laptops or other device. Performance data relating to workstream activities undertaken by a cloud worker. Management information regarding you including notes of meetings and appraisal records. Information relating to your compliance with our policies. Information concerning disciplinary allegations, investigations and processes and relating to grievances in which you are or may be directly or indirectly involved. Information concerning your health, including self-certification forms, fit notes and medical and occupational health reports.	Contract Legal obligation Legitimate interests
Changing or ending your working arrangements	Information connected with anything that may affect your continuing employment or the terms on which you work including any proposal to promote you, to change your pay or benefits, to change your working arrangements or to end your employment.	Contract Legitimate interests
Physical and system security	CCTV images. Records of use of swipe and similar entry cards. Records of your use of our systems including computers, phones and other devices and passwords. Records of your use of our workstream applications for customer reporting. Audit logs of entry and exit times for office facilities and buildings will be maintained, and these records will be reviewed as required. Biometric data including Facial, Palm, and Fingerprint records.	Legal obligation Legitimate interests Consent
Providing references in connection with your finding new employment	Information on your work for us and on your performance.	Consent Legitimate interests
Providing information to third parties in connection with transactions that we contemplate or carry out	Information on your contract and other employment data that may be required by a party to a transaction such as a prospective purchaser, seller or outsourcer.	Legitimate interests
Monitoring of diversity and equal opportunities	Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age.	Legitimate interests
Monitoring and investigating compliance with policies and rules – both generally and specifically	We expect our employees to comply with our policies and rules and may monitor our systems to check compliance (e.g. rules on accessing pornography at work). We may also have specific concerns about compliance and check system and other data to look into those concerns (e.g. log in records, records of usage and emails and documents, CCTV and webcam images).	Legitimate interests
Disputes and legal proceedings	Any information relevant or potentially relevant to a dispute or legal proceeding affecting us.	Legal obligation Legitimate interests
Day to day business operations including marketing and customer relations	Information relating to the work you do for us, your role and contact details including relations with current or potential customers. This may include a picture of you for internal or external use or where we use a contact application.	Legitimate interests
Maintaining appropriate business records during and after your employment	Information relating to your work, anything you do at work and your performance relevant to such records.	Contract Legal obligation Legitimate interests
Operation of active directory/authentication	Information on your name, job title, managers, contact details (including mobile number for account recovery purposes), and other information from time to time.	Legitimate interests
IT technical support, backup and disaster recovery	Any information required to notify you of and/or to resolve the technical difficulty experienced.	Legitimate interests
Images and Audio\Video coverage from Corporate meetings and events.	Images and Recordings of meetings that you partake in, recordings of any corporate events used to build company collaboration, promote vision statements, corporate strategy, provide training content or development opportunities.	Legitimate interests

Where the personal data comes from

• When you start employment with us, the initial personal data about you that we process is likely to come from you: for example, contact details, bank details and information on your immigration status and whether you can lawfully work. We may also require references and information to carry out background checks.
• In the course of employment, you may be required to provide us with information for other purposes such as sick pay and family rights (e.g. maternity and paternity leave and pay). If you do not provide information that you are required by statute or contract to give us, you may lose benefits, or we may decide not to employ you or to end your contract. If you have concerns about this in a particular context, you should speak to Talent Operations.
• In the course of your work, we may receive personal data relating to you from others. Internally, personal data may be derived from your managers and other colleagues or our IT systems; externally, it may be derived from our customers or those with whom you communicate by email or other systems.

Who gets to see your personal data?

Internal use

Your personal data may be disclosed to your line manager, supervisor, Talent Experience and administrators for employment, administrative and management purposes as mentioned in this document. We may also disclose this to other members of our group.

External use

We will only disclose your personal data outside our group if disclosure is consistent with one or more of our legal grounds for processing and if doing so is lawful and fair to you.

We may disclose your personal data if it is necessary for our legitimate interests as an organisation or the interests of a third party, such as when we provide you employment benefits we may need to use a third party to provide these which will involve disclosing your personal data to them (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy).

We may also disclose your personal data outside the group:

• if you consent to the disclosure;
• where we are required to do so by law; or
• in connection with criminal or regulatory investigations.

Specific circumstances in which your personal data may be disclosed include:

• Disclosure to organisations that process data on our behalf such as our payroll service, insurers and other benefit providers, our bank and organisations that host our IT systems and data.
• Disclosure to external recipients of electronic communications (such as emails) which contain your personal data.
• Disclosure on a confidential basis to a potential buyer of our business or company for the purposes of evaluation – but only if we were to contemplate selling.
• Disclosure to another business within the group providing internal shared services which administer people-related systems such as Talent Experience, payroll and benefits administration.
• Shared use of recruitment data with other parts of the group, and certain third-party business partnerships to aid in recruitment processes.

Retaining your personal data – more information

Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for the purposes described in this Privacy Policy.

In general, we will keep your personal data for the duration of your employment and for a period afterwards, in compliance with applicable law. In considering how long to keep it, we will take into account its relevance to our business and your employment.

If your personal data is only useful for a short period (for example, CCTV footage or a record of a holiday request), we may delete it.

Personal data relating to job applicants (other than the person who is successful) will be deleted in compliance with applicable law.

Transfers of personal data – more information

In connection with our business and for employment, administrative, management and legal purposes, we may transfer your personal data between the EEA and Third-Countries. For instance, to processors in the United Kingdom, United States, Kenya, Nepal, Hong Kong and other jurisdictions in which we are established. We will ensure that any transfer is lawful and that there are appropriate security arrangements.

Access to your personal data and other rights

We try to be as open as we reasonably can about personal data that we process. If you would like specific information about your data, just ask us.

You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:

• Giving you a description and copy of the personal data; and
• Telling you why we are processing it.

If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted.

If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent.

Complaints

If you have complaints relating to our processing of your personal data, you should raise these with Talent Experience in the first instance. You may also raise complaints with the relevant in-country regulator.