Privacy Notice for Candidates

Last modified: June 2024

The Marketing Store Worldwide, LP and our subsidiaries and affiliates (“tms”, “us”, “we”, or “our”) are committed to protecting the privacy and security of your personal data. This Privacy Notice describes how we collect and process personal data about you during the application and recruitment process. This Privacy Notice applies to job applicants only. By reading and accepting this Privacy Notice, you hereby provide your consent to our processing of your personal data in accordance with this Privacy Notice.

This Privacy Notice describes the categories of personal data 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 we hold about you and how you can access, correct, and request the erasure of your personal data.

We will only process your personal data as described in this Privacy Notice unless otherwise permitted by applicable law. We take steps to ensure that the personal data we collect about you is adequate, relevant, reasonable, and processed for limited purposes.

Table of Contents

  1. What Candidate Personal Data We Collect
  2. How We Use Candidate Personal Data
  3. How We Use Candidate Sensitive Personal Data
  4. How We Share Candidate Personal Data
  5. Candidate Personal Data Transfer Across Borders; People’s Republic of China
  6. Data Protection
  7. Data Storage
  8. Your Rights and How to Exercise
  9. Data Privacy Contact
  10. Changes to This Notice
  11. Contact Information

 

 

I. What Candidate Personal Data We Collect

For purposes of this Privacy Notice, personal data means any information about an identifiable individual collected during the recruitment process. We may collect personal data directly from you as a job applicant or may receive personal data from third parties, for example, concerning a background, employment, or reference check, subject to your consent where required by law. We may collect, store, and process these categories of personal data 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 in a resume, CV, cover letter, or job
  • Education information, including degrees awarded, transcripts, and other information provided in support of the job application.
  • Compensation history.
  • 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 from third parties.
  • Information related to previous applications to us or previous employment history with
  • Any additional personal details you otherwise voluntarily provide to us.

Certain personal data identified above are mandatory for selection purposes. Failure to provide this data may affect the processing and outcome of your application.

 

II. How We Use Candidate Personal Data

We only process your personal data as described in this Privacy Notice or as otherwise required or permitted by applicable law concerning our application and recruitment process. We may process your personal data for the following legitimate business purposes:

  • Identifying and evaluating job applicants, including assessing skills, qualifications, and interests.
  • Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where applicable law requires.
  • Communicating with you about the recruitment process and your
  • Keeping records related to our hiring processes.
  • Creating and submitting reports as required by applicable laws or regulations.
  • Complying with our legal, regulatory, or other corporate governance
  • Analyzing and improving our application and recruitment process.
  • Complying with applicable laws, regulations, legal processes, or enforceable government requests.
  • To protect our rights and property, other job applicants, employees, or the public, as required or permitted by law.

In addition to using your personal data for the position for which you have applied, we may keep and use your personal data to inform you about and consider you for other positions that may be appropriate for you. If you do not want us to consider you for other positions or want us to remove your personal data, you may contact us as specified below in the Contact Information section.

We may process your personal data without your knowledge or consent where required by applicable law or regulation.

You will not be subject to hiring decisions based only on automated data processing without your prior consent. Where we apply the automated data processing, we will take measures to ensure the transparency of the hiring decision-making and the fairness and impartiality of the results.

 

III. How We Use Candidate Sensitive Personal Data

These categories of personal data may be considered sensitive under the laws of your jurisdiction and may receive special protection:

  • Race or ethnic origin.
  • Religious, philosophical, or moral beliefs.
  • Trade union membership.
  • Physical or mental health or condition.
  • Unlawful or objectionable conduct, criminal charges, or convictions.

We may collect and process these categories of sensitive personal data when you voluntarily provide them, or we receive them from a third party with your consent when relevant for a particular position and as permitted by applicable law. Where you voluntarily provide your sensitive personal data, you hereby consent that we can collect and process your sensitive personal data in accordance with this Privacy Notice. The collection and processing of your sensitive personal data will be necessary for the following purposes:

  • Physical or mental health or condition or disability status to determine appropriate workplace accommodations and evaluate fitness for a particular position.
  • Race or ethnic origin to ensure meaningful equal opportunity monitoring and reporting.
  • Unlawful or objectionable conduct, criminal charges, or convictions to evaluate fitness for a particular position.

Where we legitimately need to process your sensitive personal data for purposes not identified above, we will only do so after giving you notice and, if required by law, obtaining your consent.

We will adopt strict measures to protect your sensitive personal data.

 

IV. How We Share Candidate Personal Data

We will only transfer your personal data to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require this 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. 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 require all our third-party service providers, by written contract, to implement appropriate security measures to protect your personal data consistent with our policies and any data security obligations applicable to us. We do not permit our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes in accordance with our instructions.

We may also transfer your personal data for these additional purposes where permitted or required by applicable law:

  • To other members of our group of companies (including those 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 our rights and property, other job applicants, employees, or the public, as required or permitted by law.
  • During emergencies or where necessary to protect the safety of persons. If a business transfer or change in ownership occurs.
  • For additional purposes with your consent where required by law.

 

V. Candidate Personal Data Transfer Across Borders; People’s Republic of China

Where permitted by applicable law, we may transfer the personal data we collect about you to jurisdictions that may not be deemed to provide the same level of data protection as your home country for the purposes set out in this Privacy Notice. We have implemented appropriate legal mechanisms, including data transfer agreements such as Data Processing Agreements (“DPA”), Standard Contractual Clauses (“SCC”), and Transfer Impact Assessments (“TIA”), to secure the transfer of your personal data to other jurisdictions.

For job candidates in China, we may need to transfer your personal data outside of China to our headquarters, overseas affiliates or external parties for purposes mentioned above, to the extent permitted by the applicable Chinese laws and regulations. We will implement the appropriate mechanisms for cross-border data transfer and conduct the relevant procedures where required by the applicable laws and regulations. We will take necessary measures to ensure that the processing of your personal information outside China meet the standards under the applicable Chinese laws and regulations.

 

VI. Data Protection

We have implemented appropriate physical, technical, and organizational security measures to secure your personal data against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal data to those employees, agents, contractors, and other third parties with a legitimate business need for such access.

 

VII. Data Storage

Except as otherwise permitted or required by applicable law or regulation, we will only keep your personal data for as long as necessary to fulfill the purposes we collected it, including to satisfy any legal, accounting, or reporting requirements.

If you are offered and accept employment with us, the personal data we collected during the application and recruitment process will become part of your employment record. We may use it in connection with your employment consistent with our employee personal data policies. If you do not become an employee, or once you are no longer an employee, we will keep and securely destroy your personal data in accordance with our document retention policy and applicable laws and regulations.

 

VIII. Your Rights and How to Exercise

The personal data we hold about you must be accurate and current. Please keep us informed if your personal data changes during the recruitment process. By law, you may have the right to know and make decisions on the processing of your personal data; to request access to and copy your personal data; to correct, supplement or erase the personal data we hold about you or object to the processing of your personal data under certain circumstances; to request transfer of your personal data to other parties if permitted by the applicable laws and regulations; to request us to explain the rules for processing your personal data.

To exercise your rights of your personal data, please contact us at privacy@tmsw.com. Any such communication must be in writing. Depending on the jurisdiction where you are located, some of these rights may not apply.

We may ask for specific information from you to help us confirm your identity, verify your rights, and respond to your request, including providing you with the personal data we hold about you, if applicable. Applicable law may allow or require us to deny your request, or we may have destroyed, erased, or made your personal data anonymous in accordance with our record retention obligations and practices. If we cannot respond to your request, we will inform you of the reasons, subject to any legal or regulatory restrictions.

IX.Data Privacy Contact

The Data Privacy Committee (“DPC”) oversees compliance with this Privacy Notice. If you have questions about this Privacy Notice or how we handle your personal data, or would like to request your personal data, please contact the DPC at privacy@tmsw.com. If you are unsatisfied with our response to any issues you raise with the DPC, you may have the right to make a complaint with the data protection authority in your jurisdiction.

 

X. Changes to This Notice

We reserve the right to update this Privacy Notice at any time, and we will provide you with a new Privacy Notice when we make material updates. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent before using your personal data for a new or unrelated purpose.

 

XI. Contact Information

If you have questions about our processing of your personal data or would like to make an access or other request, please contact us at privacy@tmsw.com.