EU Based Applicants' Privacy Statement

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Introduction

This Privacy Statement provides information about how Fonterra Co-operative Group Limited and its group companies (referred to as “Fonterra”, “we”, “our” or “us”) process personal data of candidates from the European Union who apply for a job through the fonterra.com website in order to ensure compliance with the General Data Protection Regulation of the Council of the European Union.

 

For the purposes of this Statement, “personal data” means any information relating to an identified or identifiable individual, which in this case may be a potential employee or a potential contractor.  For the purposes of this Statement a ‘contractor’ is a professional contingent worker whose rate is calculated on a daily rate and engaged either directly by Fonterra or via a third party (e.g. a recruitment agency) for a period longer than three months.  This Privacy Statement is not applicable to data about companies.

 

At Fonterra we take your privacy Seriously and when you apply for a role with us, you may share personal data with us.  The purpose of this Privacy Statement is to be up front about the information we collect, how we use it, who we share it with and how you can exercise your privacy rights and all other privacy-related information that may be relevant to you.

 

If you have any questions about our privacy practices or wish to access or request correction to any personal data we hold about you, please click “Contact details” at the end of this Privacy Statement for information on how to contact us.

 

This Privacy Statement may be changed over time.  The most up-to-date Privacy Statement is published on our website. This Privacy Statement applies from May 2018. The last modifications to this Privacy Statement were made on 22 June 2018.  

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1. When does this privacy statement apply?

The commitments in this Privacy Statement apply to personal data we process during the recruitment process for applicants based in the EU.  This may include of personal data of (future) employees, contingent workers including those working under direct supervision of Fonterra (e.g. independent contractors) (“Applicants”) insofar as they are based in the EU at the time we receive their personal data. Interactions may be with us in person, via our digital channels (such as websites and email), by phone or otherwise.

 

This Privacy Statement does not address the processing of personal data of applicants or employees once they are employed by Fonterra.  For EU based employees there is an Employee Privacy Statement. This Privacy Statement also does not address processing of personal data of Fonterra farmer shareholders.  

 

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Start of 2. Who is responsible for your personal data? Accordion Item
2. Who is responsible for your personal data?

Fonterra and its group companies are the controllers of all personal data that fall within the scope of this Privacy Statement. This Privacy Statement indicates what personal data is collected and used (processed) by Fonterra and for what purpose, and to which persons or entities the data will or may be provided. Fonterra may share your personal data with other companies for certain purposes. For more information, please refer to the section below “Who has access to your personal data? “.

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3. For which purposes do we process your personal data?

Fonterra will process your personal data for the following purposes:

 

We primarily collect and process your personal data for the purposes of recruitment and selection:

 

If you have shown interest in a position at Fonterra, we store your personal data on our Applicant Tracking System (ATS) and/or associated systems. We use this data to communicate with you and to determine whether your qualifications and profile meet the requirements of the vacancy you have applied to. We may also use this information to let you know about other opportunities with us, or invite you to participate in recruitment activities or events.

 

For this purpose, we process your contact details, experience and qualification information (such as your CV/resume, employment history, references, education history etc.) and correspondence you have had with Fonterra with regard to job applications.

 

We process your personal data for this purpose on the basis of your consent and/or for the purpose of potentially entering into a contract.  We may also rely on third parties (e.g. recruitment agencies, background checking agencies etc) to ensure that they have your consent or another legal basis to collect, process and pass that data on to us.  If they do not have a legal basis for processing personal data, they must anonymise the data.

 

To answer your questions:

 

If you get in touch with us via the “contact us” form on the Fonterra.com page we will use your personal data in order to reply and answer your question(s).

 

For this purpose, we process your name, contact details, your correspondence with us with regard to your question and all other personal data which are necessary to answer your question.

 

To assess and evaluate you during the recruitment process and to enter into an employment contract for services with you

 

If we offer you a position at Fonterra as an employee, we will use your personal data to initiate employment processes such as requesting pre-employment checks and if successful, providing an employment agreement. 

 

We will continue to store your personal data in our HR systems to support employment processes throughout your employment with Fonterra; and in accordance with statutory requirements and Fonterra’s policies.

 

If you are an independent contractor/contingent worker as defined above, we will process your personal data in the same way to enter into an agreement for services with you.

 

For this purpose, we process your personal data, which may include contact details, date of birth, gender, nationality, ID card or passport details, declaration of employment status, experience and qualification information (such as employment history, education history details), work permit details, availability, terms of employment, tax details, payment details, salary details, bonus details, insurance details, location details, and tax details.

 

We also collect and process your personal data based on:

 

  • The intention to enter into an employment contract.

     

  • Fonterra’s legitimate business interests, for example, fraud prevention, maintaining the security of our data and systems, direct marketing (of employment opportunities with Fonterra), and the improvement of our recruitment services. Whenever we rely on this lawful basis to process your data, we assess our business interests to make sure they do not override your rights. Additionally, in some cases you have the right to object to this processing. For more information, visit the ‘How can you exercise your privacy rights?’ section of this Statement.

     

  • Compliance with mandatory legal obligations, including for example accounting and tax requirements, which are subject to strict internal policies (such as retention periods), and procedures.

     

  • Consent that you provide where Fonterra does not rely on a legal basis to capture your personal data. In these situations you can withdraw your consent at any time, and when you give your consent, you will be given details on how to notify us when you change your mind.  For more information, visit the ‘How can you exercise your privacy rights?’ section of this Statement for more information.

How we collect your personal data:

 

  • Your correspondence with us, such as a note or recording of a call you make to a service centre, or with any of our employees, a live chat log, an email or letter sent, or other records of any contact or correspondence with us.

  • If you physically visit our premises, we may also collect information about you on CCTV as part of our security and crime prevention measures.  We may also collect your name and contact details for security and health and safety purposes, and your visiting history to our premises, and to provide to facilities such as wifi.

  • Information we obtain from other sources, such as recruitment agencies and from other third parties that may relate to your interactions with us.

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4. Who has access to your personal data?

4.1 Access to your personal data within Fonterra

All relevant employees involved in the recruitment process(es) you have applied to will have access to your personal data, but only to the extent necessary to fulfil their respective tasks. These employees are, for example, our recruitment team, HR employees and the relevant Hiring Managers.

 

Your personal data may be accessed by other relevant Fonterra departments such as IT, Legal and Compliance, but only to the extent necessary to serve an applicable purpose and to perform their jobs.   Fonterra holds its own Privacy Policy and Standards which Fonterra personnel must comply with as a condition of their employment (or contractual obligations where they are a contractor).

 

4.2 Access to your personal data by external parties

 

Fonterra uses third parties to support our recruitment process.  These include but are not limited to recruitment agencies, background checking agencies, digital interview services etc.  These third parties may have access to, or request, your personal data when relevant to ensure that we are able to complete our recruitment process.

 

When external parties are given access to your personal data, we will take the required contractual, technical and organisational measures to ensure that your personal data is only processed to the extent that it is necessary. External parties will only process your personal data in accordance with applicable law.

 

We will provide your personal data to regulatory bodies, tax authorities and/or investigating authorities only if Fonterra is obliged to do so by law or regulation, or if you have provided instructions to Fonterra to allow this information to be disclosed.  

 

4.3 Transfer of your personal data

 

We may need to transfer your information to other Fonterra group companies or service providers in other countries. If your personal data is transferred to a recipient in a country that does not provide an adequate level of protection for personal data as New Zealand or the European Union, we will take measures to ensure that your personal data is adequately protected, such as entering into EU Standard Contractual Clauses with these recipients.

 

4.4 The processing of your personal data by data processors

 

When an external party processes your personal data solely on our behalf and following Fonterra's instructions, it acts as a data processor.  Examples of this type of situation include a data cloud company that provides a platform for recruitment-related activities where personal data is processed, or a recruitment company that provides advice on preferred applications. We enter into an agreement with data processors concerning the processing of personal data and in this agreement we include obligations to safeguard that your personal data is provided solely to the data processor for the purposes of providing services to us.

 

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5. How are your personal data secured?

We make all reasonable efforts to secure our systems and ensure the confidentiality and security of your personal data.  This includes the implementation of technical, physical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection) or further processing.

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6. How long is your personal data retained

We will keep your personal data for as long as it is required for the purpose for which it was collected, taking into account our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements.  

 

This means that we may retain your personal data for a reasonable period after your last interaction with us.  When the personal data that we have collected is no longer required or is not required to be retained by law, we destroy, delete or permanently anonymise it.

 

If you would like to know specific retention periods for a certain type of information we collect, please contact us (contact details below). For data retention periods of any other companies, please check their privacy statement on their website.

 

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7. How can you exercise your privacy rights?

You have the right to request access of an overview of your personal data, and under certain conditions, rectification and/or erasure of personal data. In addition, you may also have the right of restriction of processing your personal data, the right to object to processing as well as the right to data portability.

To invoke any of these rights, please contact us by using the contact details at the bottom of this Privacy Statement. Please keep in mind that we may ask for additional information to verify your identity.

 

If you have given your consent for a certain purpose, you can withdraw your consent at any time. Please keep in mind that withdrawal does not have a retrospective effect. You can contact us by using the contact details at the bottom of this Privacy Statement.

 

It is important to us that the personal data held by us is accurate, complete and current.  If you are a registered user of a Fonterra account (e.g. on our recruitment system), you may log in to your account and (functionality permitting) update your personal data.

 

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8. Do you have a complaint?

 

If you want to contact us about any of your rights or complain about how we use your information, you can contact us on the details set out below. We’ll do our best to help but if you are still not satisfied, you can lodge a complaint with your local data protection supervisory authority.

 

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9. How can you contact us?

If you have any questions about the way we process your personal data. For any other questions, or to request access to, deletion of, or correction of your personal data held by us, please go to the website through which you supplied the information to find the relevant contact details, or contact us in writing to Fonterra, Privacy Officer, Private Bag 92032, Auckland 1142, New Zealand, or by email: privacy.officer@fonterra.com

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