Job Candidate Privacy Notice
Last Updated: September 12, 2023
Scope and Overview
JERA Americas, Inc. is committed to protecting the privacy and security of your personal data. This Privacy Notice describes how JERA Americas, Inc. (“JERA America,” “we,” or “us”) collect and process personal data about you during the application and recruitment process. This Job Candidate Privacy Notice applies to job applicants only. This privacy notice applies to job applicants located the United States.
This Privacy Notice describes the categories of personal data that we collect, how we use your personal data, how we secure your personal data, when we may disclose your personal data to third parties, and when we may transfer your personal data outside of your home jurisdiction. This Privacy Notice also describes your rights regarding the personal data that we hold about you including how you can access, correct, and request erasure of your personal data.
We will only process your personal data in accordance with this Privacy Notice unless otherwise required by applicable law. We take steps to ensure that the personal data that we collect about you is adequate, relevant, not excessive, and processed for limited purposes.
What is Personal Data?
When we use the term “personal data” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual within the context of the individual acting as a recruit or job applicant of ours. It does not include aggregated or deidentified information that is maintained in a form that cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law.
Collection of Personal Data
For the purposes of this Privacy Notice, personal data means any information about an identifiable individual collected in connection with the recruitment process. JERA America may collect personal data directly from you, as a job applicant, or may receive personal data from third parties, for example, in connection with a background, employment, or reference check, subject to your consent where required by law. Personal data excludes anonymous or de-identified data that is not associated with a particular individual. We may collect, store, and process the following categories of personal data, some of which we require in connection with our recruiting activities:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
- Work history and other relevant experience including information contained in a resume, CV, cover letter, or job application.
- Education information including degrees awarded, transcripts, and other information provided in support of the job application.
- Information collected during phone screenings and interviews.
- Details regarding the type of employment sought, desired salary, willingness to relocate, job preferences, and other information related to compensation and benefits.
- Reference information and information received from background checks, where applicable, including information provided by third parties.
- Information related to previous applications to JERA America or previous employment history with JERA America.
The personal data listed in this notice is mandatory in connection with our recruiting activities. Failure to provide or allow us to process mandatory personal data may affect our ability to accomplish the purposes stated in this Privacy Notice.
Use of Personal Data
We only process your personal data where applicable law permits or requires it in connection with carrying out our application and recruitment process, to take steps necessary to enter into an employment contract with you, where the processing is necessary to comply with a legal obligation that applies to us, for our legitimate interests or the legitimate interests of third parties, or with your consent if applicable law requires consent. We may process your personal data for the following legitimate business purposes:
- Identifying and evaluating job applicants, including assessing skills, qualifications, and interests for the purposes of determining suitability for the position for which you have applied.
- Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by applicable law.
- Communicating with you about the recruitment process and your application.
- Keeping records related to our hiring processes, for only as long as appropriate under the circumstances.
- Creating and submitting reports as required by applicable laws or regulations.
- To comply with our legal, regulatory, or other corporate governance requirements.
- Analyzing and improving our application and recruitment process.
In addition to using your personal data for the position for which you have applied, we may retain and use your personal data to inform you about and consider you for other positions that may be appropriate for you with your consent. If you want us to consider you for other positions, you may contact us as specified below under Contact Us and we will retain your personal data for that purpose.
We will only process your personal data for the purposes we collected it for or for compatible purposes. If we need to process your personal data for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent. We may process your personal data without your knowledge or consent only where required by applicable law or regulation.
We may also process your personal data for our own legitimate interests, including for the following purposes:
- To prevent fraud.
- To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.
We may disclose your personal data to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the recruitment process, including third-party service providers who provide services to us or on our behalf. We may use third-party service providers for various purposes, including, but not limited to, obtaining employment verification and background checks, and data storage or hosting. These third-party service providers may be located outside of the country in which you live or the country where the position you have applied for is located.
We may also disclose your personal data for the following additional purposes where permitted or required by applicable law:
- To other members of our group of companies (including outside of your home jurisdiction) for the purposes set out in this Privacy Notice and as necessary to administer the application and recruitment process.
- As part of our regular reporting activities to other members of our group of companies.
- To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances.
- To protect the rights and property of JERA America.
- During emergency situations or where necessary to protect the safety of persons.
- Where the personal data is publicly available.
- If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is absolutely necessary, and we will anonymize the data where possible.
- For additional purposes with your consent where such consent is required by law.
We retain your information in accordance with our legal obligations, our records retention policies, or as otherwise permitted by law. We will delete your data once the legal obligation expires or after the period of time specified in our records retention policies. The period of retention is subject to our review and alteration.
If you are offered and accept employment with JERA America, the personal data we collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies.
The following disclosures only apply to residents of the State of California.
No Sales or Targeted Advertising
We do not sell personal data about individuals acting in their capacity as our recruits or job applicants, and we do not share or otherwise disclose such personal data for the purpose of displaying advertisements that are selected based on personal data obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”).
The following personal data elements we collect about our recruits and job applicants may be classified as “sensitive” under certain privacy laws (“sensitive information”):
• Social Security number, driver’s license number, and passport number.
• Information relating to racial and ethnic origin, religious beliefs, health, disabilities, sexual orientation, gender identity and transgender status.
We use this sensitive information for the purposes set forth in the Collection of Personal Data and Use of Personal Data sections above.
We do not sell sensitive information about individuals acting in their capacity as recruits or job applicants, and we do not share or otherwise disclose sensitive information about individuals acting in their capacity as recruits or job applicants for the purpose of targeted advertising, nor use such information for the purpose of inferring characteristics about our recruits or job applicants.
Retention of Personal Data
We retain personal data only for as long as is reasonably necessary to fulfil the purpose for which it was collected. However, if necessary, we may retain personal data for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax, and accounting requirements set by a legislature, regulator, or other government authority.
To determine the appropriate duration of the retention of personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of personal data, and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.
Once retention of the personal data is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal data or, if this is not possible (for example, because personal data has been stored in backup archives), then we will not further process the personal data until deletion or deidentification is possible.
California Privacy Rights
As a California resident, you may be able to exercise the following rights (subject to certain limitations at law):
The Right to Know
The right to confirm whether we are processing personal data about you and to obtain certain personalized details about the personal data we have collected about you, including:
- The categories of personal data collected;
- The categories of sources of the personal data;
- The purposes for which the personal data were collected;
- The categories of personal data disclosed to third parties (if any), and the categories of recipients to whom the personal data were disclosed.
- The categories of personal data shared for cross-context behavioral advertising purposes (if any), and the categories of recipients to whom the personal data were disclosed for those purposes; and
- The categories of personal data sold (if any), and the categories of third parties to whom the personal data were sold.
The Right to Access & Portability
The right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
The Right to Correction
The right to correct inaccuracies in your personal data, considering the nature of the personal data and the purposes of the processing of the personal data.
The Right to Deletion
The right to have us delete the personal data we have collected from you
You also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, please note that if the exercise of these rights limits our ability to process personal data, we may no longer be able to engage with you in the same manner.
Submitting Privacy Rights Requests
To submit a request to exercise one of the privacy rights identified above, please: – Email us directly at HR_JERAAM@jeraamericas.com.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your work-related account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests to include applicant name, email, state, zip code, date applied, and job position applied for. We may at times need to request additional personal data from you, taking into consideration our relationship with you and the sensitivity of your request. In certain circumstances, we may decline a privacy rights request, particularly where you are not a resident of the State of California or where we are unable to verify your identity. Authorized Agents In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.
Changes to This Privacy Notice
We reserve the right to amend this Privacy Notice at any time. The “Last Updated” date at the top of this Privacy Notice indicates when we last revised this Privacy Notice. Any changes will become effective when we post the revised Privacy Notice on the Careers website.
If you have any questions about this Privacy Notice, please contact us at: HR_JERAAM@jeraamericas.com or write to us at:
JERA Americas, Inc.
1000 Main Street, Suite 3100
Houston TX 77002