Privacy Notice for recruitment using Teamtailor
The service for handling recruitments and simplifying the hiring process (the "Service") is powered by Teamtailor on behalf of the overseas regional entities of BYD, as identified in Section 12 ("Controller" “we” “us” etc.). Your data is processed in each case by the BYD legal entity advertising the position you applied for. It is important that the persons using the Service ("Users”) feel safe with, and are informed about, how we handle Users' personal data in the recruitment process. We strive to maintain the standards of the applicable law regarding the protection of personal data. We process, manage, use, and protect Users' Personal Data in accordance with this Privacy Notice ("Privacy Notice").
1. General
We are the controller in accordance with current privacy legislations of the applicable data protection law. The Users’ personal data is processed with the purpose of managing and facilitating recruitment of employees to our business.
It is necessary for us to use the Users' personal data for the purpose of entering into an employment contract. If the Users do not provide such personal data, it may result in our inability to enter into an employment contract with the Users.
If you are hired, the processing of your personal data during the later onboarding and employment stages will be governed by the separate employee privacy notice made available to you by the relevant BYD entity.
2. Collection of personal data
We are responsible for the processing of the personal data that the Users contributes to the Service, or for the personal data that we in other ways collects with regards to the Service.
When and how we collect personal data
We collect personal data about Users from Users when Users;
l make an application through the Service or otherwise, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn; and
l use the Service to connect with our staff, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn; and
l provides identifiable data in the chat (provided through the website that uses the Service) and such data is of relevance to the application procedure;
We collect data from third parties, such as Facebook, LinkedIn and through other public sources. This is referred to as “Sourcing” and can be manually performed by our employees or automatically through the Service.
In some cases, existing employees can make recommendations about potential applicants. Such employees will add personal data about those potential applicants. In the cases where this is performed, the potential applicant is considered a User in the context of this Privacy Notice and will be informed about the processing.
The types of personal data collected and processed
The categories of personal data that can be collected through the Service including the following:
l Data from interviews, tests, assessments and other information from the recruitment process - Such as notes from interviews with you, assessments and tests made, salary requirements.
l Information in your application - Such as your CV, cover letter, work samples, References, letters of recommendation and education.
l Information in your public profile - Meaning the information we collect about you from public sources related to your professional experience, such as LinkedIn or the website of your current employer.
l Information provided by References - Meaning the information we receive from our employees or partners who refer you to us, or by the persons you have listed as your References.
l Information in a background check - This normally includes your contact details, your credit history.
In cases where we need to process sensitive personal data, such as health information or criminal records, we will obtain explicit consent from the Users again and will act under the control of the competent authorities in accordance with applicable laws.
Purpose and lawfulness of processing
The purpose of the collecting and processing of personal data is to manage recruiting. The lawfulness of the processing of personal data is based on the consent we have obtained from the Users. In case where consent is not obtained, we may use other bases permitted by law to process the Users’ personal data without the Users’ consent, such as for our legitimate interest or the necessity to take steps at the request of the Users prior to entering into an employment contract, in order to facilitate the processing of personal data.
Personal data that is processed with the purpose of aggregated analysis or market research is always made unidentifiable. Such personal data cannot be used to identify a certain User. Thus, such data is not considered personal data.
The consent of the data subject
The Users consent to Controller processing its personal data for the purpose of Controller’s handling recruiting. The Users consent that personal data is collected through the Service, when the Users;
a) make an application through the Service, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn, and that Controller may use external sourcing-tools to add additional information; and
b) when they use the Service to connect to Controller’s recruitment department, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn; and
c) In cases where we need to process sensitive personal data, such as health information or criminal records, we will obtain explicit consent from the Users again and will act under the control of the competent authorities in accordance with the applicable law.
The Users consent to the Controller disclosing their personal data to third parties and/or transferring their personal data across borders to foreign countries for the purpose of the Controller’s management of recruitment.
The Users also consent to the Controller’s collecting of publicaly available information about the Users and compiling it for recruitment purposes.
The Users consent to the personal data being collected in accordance with the above a) and b) and c) will be processed according to the below sections Storage and transfer and How long the personal data will be processed.
The Users have the right to withdraw their consent at any time, by contacting the Controller using the contact details listed under Section 11, unless there are restrictions on the right to withdraw consent by law or by a contract that benefits the data subject. Using this right may however, mean that the Users can not apply for a specific job or otherwise use the Service. The withdrawal of consent shall not affect the collection, use, or disclosure of personal data and our processing for which the Users has already legally given consent prior to the withdrawal taking effect.
Who may access your personal data
Your personal data may be accessed on a need-to-know basis by:
a) relevant HR personnel involved in the recruitment process;
b) hiring managers and interviewers involved in assessing your application;
c) other relevant internal stakeholders where their involvement is necessary for the recruitment decision;
d) BYD group entities providing group-level HR administration, recruitment support or related services, where necessary and appropriate; and
e) Teamtailor and other service providers supporting the recruitment process, acting under appropriate contractual arrangements.
Storage and transfers
The personal data collected through the Service is stored and processed within the EU/EEA, or such third country that is considered by the European Commission to have an adequate level of protection, or processed by such suppliers that have entered into such binding agreements that fully comply with the lawfulness of third country transfers or to other suppliers where adequate safeguards are in place to protect the rights of the data subjects whose data is transferred.
If required, we will transfer your personal data to third country for which you have applied for the particular position or with third parties in countries that are directly involved in the recruitment and onboarding process.
We also implement appropriate technical and organizational safeguards, to protect the personal data in case of a disclosure. Exactly which protective measures we implement depends on what is technically feasible, and sufficiently effective, for the particular transfer. If you want more information about the cases in which your personal data is transferred outside the EU/EEA you can contact us using the contact details in Section 11.
How long the personal data will be processed
If a User does not object, in writing, to the processing of their personal data, the personal data will be stored and processed by us as long as we deem it necessary with regards to the purposes stated above. In case of the recruitment and selection process, we will generally delete your data after 1 year – or shorter when legally required based on local law. If there is a legal obligation to retain personal data longer, we will do so (e.g. sepecial requirements in local employment laws). If you as a User wish not to have your Personal Data processed for this purpose (future recruitment) please contact us using the contact details in Section 11.
3. AI Services
We use services that utilise artificial intelligence (AI) (“AI Services”) when processing personal data for the following purposes:
Reviewing profiles and applications sent to us. This also includes communicating with you about your application and profile.
Collect and evaluate your professional profile on our own initiative. This also includes assessing and communicating with you regarding your profile.
When processing personal data for this purpose, we use AI Services to:
Generate a summary of the candidate's resume.
Screen a candidate's profile against criteria set by us, and sort the profiles based on how many criteria they fulfil.
Create first drafts of messages to Candidates, e.g. when a Candidate is not selected for a position.
Summarize video meetings held with Candidates, based on the transcript from the video meeting - when there is such a transcript.
Auto-complete particular pre-set interview questions based on the transcript from the video meeting - when there is such a transcript.
Record and transcribe the interview(s) with you.
When processing personal data for this purpose, we use AI Services to:
l Transcribe the Recording of our interview with a Candidate.
l Consider you for, and contact you about, future vacancies with us or with other entities in the Teamtailor group.
When processing personal data for this purpose, we use AI services to:
Assess which Candidates in our existing pool of Candidates could be suitable for a particular position.
The service providers that we use for these AI Services act as our data processors. This means that they are not allowed to use your personal data for any purposes of their own, e.g. to train their AI models.
We use AI Services to support our own (human) decision making, but we don’t rely only on AI Services in making decisions that are important for a Candidate’s progress in the application process.
4. Profiling and automated decision making
When we take some actions with Candidate's personal data, we use automated processing of personal data to evaluate how suitable a Candidate is for a particular position. These actions are
l Using an AI Service to assess which Candidates in our existing pool of Candidates could be suitable for a particular position.
l Using automatic triggers to move a Candidate forward in the hiring process based on particular, pres-set conditions, such as the Candidate’s location, resume content or answers to questions.
l Screening profiles against criteria set by us, and sorting the profiles based on how many criteria they fulfil.
However, we do not rely only on automated decisions in making decisions that are important for a Candidate’s progress in the application process, for example whether to interview a particular Candidate. All such important decisions involve assessment (also) by one of our representatives, i.e. a human.
If you want information about whether we have performed any profiling of your personal data, and if so information about that profiling, you can request this information from us.
If we have performed profiling of your personal data you can object to this profiling.
5. Users’ rights
The Users have the right to request information about the personal data that is processed by us, by notifying us in writing, using the contact details below under section 11 below. Users have the right to one (1) copy of the processed personal data which belongs to them without any charge. For further demanded copies, the Controller has the right to charge a reasonable fee on the basis of the administrative costs for such demand. This includes the right to request disclosure regarding the acquisition of such personal data for which the Users have not given consent.
The Users have the right to obtain personal data concerning themselves from the Controller in the event that the Controller has made such personal data available in a format that is readable or commonly usable by way of automatic tools or equipment, and can be used or disclosed by automated means. The Users also has the following rights:
(1) To request the Controller to send or transfer the personal data in such format to other data controllers when it can be done by automated means.
(2) To receive the personal data that the Controller sends or transfers in such format directly to other data controllers, except where it is technically unfeasible.
The Users have the right to request the rectification of inaccurate personal data concerning themselves to ensure that such data is accurate, up-to-date, complete, and not misleading, via a written request, using the contact details in Section 11 below.
The Users have the right to request the Controller to delete, destroy, or render the personal data non-identifiable, subject to the conditions specified under the applicable personal data protection laws.
The Users have the right to request the Controller to restrict the use of personal data, subject to the conditions specified under the applicable personal data protection laws.
The Users have the right to object to the collection, use, or disclosure of personal data concerning themselves at any time, subject to the conditions specified under the applicbale personal data protection laws.
The Users have the right to withdraw his or her consent at any time, by contacting Controller using the contact details listed in Section 11, unless there are restrictions on the right to withdraw consent by law or by a contract that benefits the data subject. Using this right may however, means that the Users can not apply for a specific job or otherwise use the Service. The withdrawal of consent shall not affect the collection, use, or disclosure of personal data and our processing for which the Users has already legally given consent prior to the withdrawal taking effect.
The Users have under certain circumstances a right to data portability, which means a right to get the personal data and transfer these to another controller as long as this does not negatively affect the rights and freedoms of others.
The Users have the right to lodge a complaint in the event that the Controller or the Data Processor, including their employees or contractors, violates or fails to comply with the applicable personal data protection laws.
6. Security
We prioritize the personal integrity and therefore works actively so that the personal data of the Users are processed with utmost care. We take the measures that can be reasonably expected to the make sure that the personal data of Users and others are processed safely and in accordance to this Privacy Notice and applicable privacy laws.
However, transfers of information over the internet and mobile networks can never occur without any risk, It is important that Users also take responsibility to ensure that their data is protected. It is the responsibility of the Users that their login information is kept secret.
7. Disclose/Transfer of personal data to third party
We will not sell, disclose, Users’ personal data to third parties. However, we may disclose or transfer Users’ Personal Data to:
l Our parent company, group companies, affiliates, business partners, and associates;
l our contractors and sub-contractors, acting as our Processors and Sub-Processors in accordance with our instructions, for the provision of the Service;
l authorities or legal advisors in case criminal or improper behaviour is suspected; and
l authorities, legal advisors or other actors, if required by us according to law or authority’s injunction.
We will only transfer Users’ personal data to third parties that we have confidence in. We carefully choose partners to ensure that the Users’ personal data is processed in accordance with current privacy legislation. We cooperate with the following categories of processors of personal data: Teamtailor, who supplies the Service, server and hosting companies, e-mail reference companies, video processing companies, information-sourcing companies, analytical service companies and other companies with regard to supplying the Service.
8. Aggregated data (non-identifiable personal data)
We may share aggregated data to third parties. The aggregated data has in such instances been compiled from information that has been collected through the Service and can, for example, consist of statistics of internet traffic or the geological location for the use of the Service. The aggregated data does not contain any information that can be used to identify individual persons and is thus not personal data.
9. Cookies
When Users use the Service, information about the usage may be stored as cookies. Cookies are passive text files that are stored in the internet browser on the Users’ device, such as computer, mobile phone or tablet, when using the Service. We use cookies to improve the Users’ usage of the Service and to gather information about, for example, statistics about the usage of the Service. This is done to secure, maintain and improve the Service. The information that is collected through the cookies can in some instances be personal data and is, in such instances, regulated by our Cookie Policy.
Users can at any time disable the use of cookies by changing the local settings in their devices. Disabling of cookies can affect the experience of the Service, for example disabling some functions in the Service.
10. Changes
We reserve the right to, at any time, make changes or additions to the Privacy Notice. The latest version of the Privacy Notice will always be available through the Service. A new version is considered communicated to the Users when the Users have either received an email informing the Users of the new version (using the e-mail stated by the Users in connection to the use of the Service) or when the Users are otherwise informed of the new Privacy Notice.
11. Contact
For questions, further information about our handling of personal data or for contact with us in other matters, please use the below stated contact details:
(1) Email: globalhiring@byd.com
12. Appendix: Applicable BYD Overseas Legal Entities
The overseas regional entities of BYD referred to in the above clause are specified in the table below. Your data is processed in each case by the BYD legal entity advertising the position you applied for. All entities listed below act as data controllers for personal data processing activities conducted via the Teamtailor platform recruitment service. For the avoidance of doubt, the Service is provided by Teamtailor on behalf of the following BYD overseas entities, which constitute the applicable legal subjects for relevant recruitment and personal data processing activities.
Country / Region
BYD Legal Entity Name
Canada
BYD Canada Company Limited
Saudi Arabia
Almarkabah Althabitah Compnay
United Arab Emirates (UAE)
BYD AUTO COMPANY FZCO
South Africa
BYD AUTO SOUTH AFRICA (PTY) LTD
Mexico
BUILD YOUR DREAMS BUSSES MEXICO
Colombia
BYD Motor Colombia SAS
Chile
BYD Chile SpA
Ecuador
BYD E-MOTORS-ECUADOR S.A.
Panama
BYD DE PANAMA, S.A.
Peru
BYD Motors Peru S.A.C
Uruguay
BYD URUGUAY S.A
Malaysia
BYD Electronics (M) Sdn Bhd; BYD MALAYSIA SDN.BHD.
Singapore
BYD Singapore Pte. Ltd.
Philippines
BYD PHILIPPINES CORP.
India
BYD India Private Limited
Japan
BYD JAPAN CO.,LTD; BYD Auto Japan CO., LTD
Hong Kong, China
BYD (H.K.) CO.,LIMITED
Macao, China
BYD (MACAU) LIMITED
South Korea
BYD Korea Company Limited
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