The purpose of this privacy notice is to explain how Nyrstar handles Personal Data of its job applicants (the “Application Data”) and their rights under applicable data protection laws. This notice applies to applications submitted via our online recruitment system on www.nyrstar.com, the company’s intranet, but also via external web-based job boards and/or social media platforms, those submitted via third parties e.g. recruitment agencies and other means e.g. post and email.
2. Nyrstar’s 10 Data Protection Principles
In processing data, Nyrstar observes 10 Data Protection Principles:
- Fairness and Transparency – Inform people about how we process their Application Data.
- Lawful Processing – Make sure there is a good, lawful reason to process Application Data.
- Purpose Limitation – Only collect Application Data for a specific business need. If Nyrstar wants to reuse Application Data for a new purpose, it must ensure the two are compatible.
- Data Minimization – Only process as much Application Data as needed, and no more.
- Accuracy – Keep Application Data accurate, complete and up-to-date.
- Retention – Only keep Application Data for as long as it is needed. If the Application Data are not needed anymore, they shall be deleted.
- Security – Protect Nyrstar’s Application Data from getting lost or stolen or otherwise processed in an unauthorized manner and make sure its service providers protect these data to the same standard.
- Individual Rights – Allow certain individuals particular rights in relation to their data, including the right to access, correct or erase their Application Data, or object to those being used for certain purposes.
- Application Data Transfers – Put in place safeguards before sending Application Data cross-border.
- Accountability – Nyrstar takes steps to make sure the processing of Application Data complies with Nyrstar’s Privacy/Data protection policy (include link) and these Principles.
3. What Application Data does Nyrstar collect?
Nyrstar generally only collects Application Data that is necessary to assess the candidate for the post applied for, including:
- Information the candidate provides to set up an account on Nyrstar’s online recruitment system, e.g. email address and other personal details;
- Information the candidate provides to apply for a job vacancy and tell Nyrstar who they are, including résumé, capabilities/suitability for certain positions, name, contact information, nationality, professional qualifications, employment history, personal interests;
- Information collected by Nyrstar as a result of the recruitment process, such as referral information, assessment results and notes of interviews;
- Personal data about criminal convictions, medical information will only be sought where necessary for the role that the candidate applied for, and only in case permitted by local law. Other sensitive data e.g. ethnicity, race and gender will only be requested where required by law for the purpose of the assessment of the application. Nyrstar will indicate where the information it has requested is either mandatory or optional.
4. What will Nyrstar do with a candidate’s Application Data?
The main purposes for which Nyrstar uses Application Data include:
- Supporting and Processing a Job Application in order to assess the candidate’s ability to meet the job specification, as well as verify references and professional qualifications;
- Improving our Application Process e.g. in order to ensure that Nyrstar’s website, intranet and online recruitment system are user-friendly and contain appropriate and helpful information; and
- Ensuring compliance with our Code of Business Conduct e.g. in order to ensure that Nyrstar is living up to our values. Please click here for our Code of Business Conduct.
Nyrstar may verify the Application Data the candidate provides and/or collect Personal Data about the candidate from sources other than the candidate to assist with its ‘pre-employment checks’. This may include checking a candidate’s qualifications, directorships, financial history (e.g. bankruptcy) and if the candidate has a criminal record (where necessary for the role applied for). If this occurs:
- The candidate will be told in advance by the Nyrstar entity performing the checks which aspects of the Application Data will be verified and how, and
- the Nyrstar entity performing the Pre-Employment Checks will collect information about criminal convictions (if collected) or medical information only where necessary, through official authorized sources and in accordance with applicable law.
- Where it is necessary and appropriate to the role the candidate applied for, and permitted by local law, the candidate may be required to undertake drug and alcohol testing prior to commencing your employment.
Nyrstar will only process a candidate’s Application Data where it has a legal basis for doing so, i.e. generally because it is necessary for Nyrstar to decide whether to enter into a contract of employment with the candidate, but also based on the candidate’s consent (which the candidate has the right to withdraw), because it is necessary to comply with a legal obligation, or to enable Nyrstar to pursue its legitimate business interests, e.g. so it can deliver an effective recruitment service.
5. Who is the Application Data disclosed to?
Nyrstar restricts access to Application Data to people within Nyrstar who have a “need to know” that information, e.g. the individuals who will process the candidate’s job application and manage the recruitment cycle.
Nyrstar shares Application Data with authorized third party service providers, in order to manage recruitment, notably to conduct screening and verification of the candidate‘s application and the information the candidate provides, e.g. academic/professional qualifications. Generally, Nyrstar will only disclose your Application Data to other third parties:
- when required to do so by law;
- in response to a legitimate request for assistance by the police or other law enforcement agency; and
- to seek legal advice from Nyrstar’s external lawyers or in connection with litigation.
6. How long will Nyrstar retain the candidate’s Application data?
Nyrstar keeps Application Data in accordance with its internal retention policies (which are available at request). Typically, if a candidate is unsuccessful in a job application (or if a candidate rejects an offered position), the candidate’s Application Data will be destroyed according to the local applicable data retention rules. If the candidate is successful in the application and joins Nyrstar, Nyrstar will retain the candidate’s Personal Data in accordance with its our Privacy/Data protection policy and Data Retention Guidelines and procedures. More information will be provided to the candidate once successfully hired.
7. Where does Nyrstar store the Application data?
Candidates should be aware that their Application Data may be transferred to, and stored at, a destination outside of their country of residence, which may have less strict, or no data protection laws, when compared to those of their country of residence. It may also be processed by staff outside of their country of residence, whether at Nyrstar, or at a Nyrstar supplier. Whenever Nyrstar transfers a candidate’s Application Data outside of the candidate’s country of residence, it will take legally required steps to ensure that adequate safeguards are in place to protect the candidate’s Application Data and makes sure it is treated securely and in accordance with this Notice. These restrictions apply whether Nyrstar is sending Personal data to a third party or another group company, even if the Personal data will only be accessed remotely from the receiving country.
8. Exercising available rights
Every candidate may have certain rights in relation to the Application Data that Nyrstar is holding about the candidate. In particular, the candidate may request access to, rectification - if he/she cannot update such information in Nyrstar’s online recruitment system - or erasure of, the Application Data Nyrstar holds about the candidate, object to or restrict certain types of processing and request a machine-readable copy of the Application Data the candidate has provided.
Any request to exercise one of these rights will be assessed by Nyrstar on a case by case basis. In certain circumstances Nyrstar is not legally required to comply with a candidate’s request because of the laws in the respective jurisdiction or because of relevant legal exemptions.
The security of every candidate’s Personal Data is important to Nyrstar, and therefore it has adopted reasonable security practices and procedures to help secure the Personal Data that it collects.
10. Contact us
Please submit a request via email@example.com if you would like to find out more about any matters relating to this Notice or to exercise your rights.
If you have concerns about the way in which Nyrstar has handled your Application Data, you have the right to complain to your Data Protection Authority. However, if you have concerns we encourage you to raise these with Nyrstar in the first instance.