Applicant Privacy Notice [Effective 5/25/18]
Spirit AeroSystems (Europe) Limited, Glasgow Prestwick Airport, Ayrshire, Scotland KA9 2RW, and Spirit AeroSystems France SARL, head office located Parc d’activité de Cadréan Boulevard de Cadréan 44550 Montoir de Bretagne, ("Spirit" or "We") respect applicants’ concerns about their personal data. This Applicant Privacy Notice applies to the personal data that is collected about applicants.
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Individuals applying for employment with Spirit who are citizens of countries in the European Economic Area (“EEA”) are subject to the Regulation (EU) 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the EU Data Protection Directive” (the "GDPR").
Who is responsible for your Personal Data
Spirit is considered as the data controller, and is responsible for the processing of your personal data. In certain circumstances, and for specific data processing activities, Spirit AeroSystems, Inc., a U.S. corporation may also be considered as data controller.
The GDPR defines personal data as any information related to an identified or identifiable person ("Personal Data"). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
In other countries, personal data may have a different definition.
Personal Data we collect
We collect Personal Data about our applicants in a variety of ways: (1) directly from the applicant; (2) indirectly through access to IT systems and networks; and (3) from other Spirit affiliates, as relevant.
We may collect Personal Data from certain third parties who provide services to us. For instance, recruitment service providers process Personal Data as part of the recruitment process.
Personal Data is submitted to us in a variety of ways, including self-reporting or submitting Personal Data of others: (1) through completed forms (e.g. new hire paperwork, expression of wish form to ensure payment of benefits, pension scheme form); (2) through online applications (e.g. job applicants' information); (3) by telephone (e.g. recruitment process by a service provider) where Personal Data may be provided to us; and (4) by email, fax or mail. This Personal Data may be held on-premises or with external service providers.
The information we collect and hold about applicants may include Personal Data such as name, gender, address, nationality, date of birth, employment details, and/or qualifications.
We may also collect sensitive Personal Data (Personal Data that has special protection under privacy and data protection laws) about applicants (e.g., criminal records), as permitted or required by local law. We do not collect or otherwise process sensitive Personal Data about applicants except where: (1) the processing is permitted or required by applicable law; or (2) we have obtained the applicant’s explicit consent for the processing of such data, where such consent may be required by local law.
Accuracy of Personal Data
Spirit relies on the accuracy and integrity of its applicant's Personal Data in order to comply with its business obligations. Spirit expects its applicants to inform it of any innacuracy or any changes to their Personal Data, such as changes to contact information, address, or any information affecting benefits or services provided by Spirit.
With whom we share Personal Data
Your Personal Data will be made available for the purposes mentioned above and only to responsible management, human resources, payroll assistant, information technology and other corporate staff on a business need-to-know basis and only to the extent reasonably necessary to perform their functions.
We may also share Personal Data about our applicants with Spirit AeroSystems entities where necessary to fulfill legitimate business purposes or to comply with applicable legal requirements. We may also share Personal Data about our applicants with external service providers we have retained to perform services on our behalf. We prohibit these service providers from using or disclosing Personal Data except as necessary to perform services on our behalf or to comply with legal requirements. We may disclose applicants’ Personal Data to third parties without offering our applicants an opportunity to opt out of such disclosure: (1) as permitted by law or required by legal process; or (2) to law enforcement authorities or other government officials.
How we protect Personal Data
In proportion to the sensitivity of the Personal Data, we maintain necessary administrative, technical and physical safeguards and appropriate security measures to protect Personal Data from accidental or unlawful destruction, loss, misuse, or unauthorized access, disclosure or alteration. If an incident is reported affecting applicant information, we will conduct an investigation and comply with all required reporting obligations.
Spirit takes appropriate precautions and implements solutions to restrict access to the Personal Data of its applicants to only those who need to know and/or see that Personal Data.
The same security measures shall be implemented by other companies providing services on Spirit's behalf and which process Spirit applicants' Personal Data.
How we use Personal Data
We collect and use Personal Data about employees prior to and throughout employment for the following purposes: (1) to carry out and support human resources administration, functions and activities, including recruitment and hiring, performance evaluations and promotions, training, pay and remuneration, pension and insurance and other benefits, tax and other deductions, reporting and management, health and safety, termination of employment, talent management and career development; (2) to comply with contractual and legal obligations; (3) to support corporate and administrative activities; and (4) to carry out data analytics and statistics.
Sensitive Personal Data is used only where: (1) the processing is permitted or required by applicable law; or (2) we have obtained the employee’s explicit consent for the processing of such data, where such consent may be required by local law.
Legal basis for the use of your Personal Data
In most cases, Spirit's use of your Personal Data is necessary, either in order:
- for Spirit to carry out its employment contract with you (for example, to administer your employee benefits); or
- so that Spirit can comply with its legal obligations (for example, to calculate your taxes).
Failure to provide this information may prevent or delay the fulfilment of these obligations.
However, in specific circumstances, we may also have other legal justifications to use your Personal Data:
- where you have consented (for example, when you apply for a job);
- where Spirit or a third party has a legitimate interest in your Personal Data being used for a particular purpose (for example, Spirit may provide Personal Data to public authorities to permit its employees to work in a specific country).
On occasion, Spirit may have a business need to use Personal Data for a purpose not originally considered at the time of first collection. In these cases, Spirit will provide notice of the new purpose.
Automated decisions about you
Spirit may process employees' Personal Data by automatic means and without human intervention to make decisions or conduct "profiling" about employees. This involves using software that is able to evaluate their personal aspects and predict risks or outcomes. Spirit carries out this automatic processing to ensure that it treats all employees fairly when assessing, for example, their right to work in a given country. The significance of Spirit’s actions in this connection is that depending upon the outcome of the processing, for example, employees may not be eligible for employment in the given country. Spirit bases its decisions on skills, qualifications and experiences and/or criteria explained at the time that employees apply for a particular role or promotion.
Spirit will only make these kinds of automated decisions about employees where:
- such decisions are necessary for entering into a contract of employment with employees (i.e., as part of its automated process for assessing employment candidates, which may be administered by a third party);
- such decisions are required or authorised by law;
- employees give their consent to Spirit carrying out automated decision-making.
If applicants or employees require further information about automated decision-making, want to express their point of view, want to object to Spirit’s use of automated decision-making, or request an automated decision to be reviewed by a human being, please contact Spirit at the details below and it will explain what applicants and employees’ rights are in relation to the processing in question.
International Transfers of Personal Data
We operate in the United States and in other countries in which the privacy laws may not be as comprehensive as those in your country of residence or citizenship. We transfer Personal Data of employees and applicants ocated in the European Economic Area to the United States for storage and processing. For example, we transfer Personal Data to Spirit AeroSystems, Inc., located in the United States for HR management purposes. Spirit has entered into the necessary contracts internally and with external service providers to allow for the legal transfer of Personal Data across borders globally. For transfers of Personal Data of Spirit's employees located in the European Economic Area outside of the European Economic Area, this includes standard contractual clauses approved by the European Commission. If you have questions about how we conduct international transfers of Personal Data, please contact Spirit at the details below .
How long is Personal Data retained
Since the purpose of collection determines how long Personal Data is retained, we are committed to ensure that such data is only retained for the length of time necessary to fulfill the purpose(s) for which it was collected or the minimum retention requirement as prescribed by applicable laws, whichever is greater. Your Personal Data will generally not be retained longer than the term of your employment relationship with Spirit, unless there is any legal or regulatory provision requiring otherwise.
Your rights over your Personal Data
Employees and applicants of Spirit in the EEA have certain rights regarding their Personal Data, subject to local law. These include the following rights to:
- access their Personal Data;
- rectify the Personal Data Spirit holds about them;
- erase their Personal Data;
- restrict Spirit's use of their Personal Data;
- object to Spirit's use of their Personal Data;
- withdraw their consent for Spirit to use their Personal Data, if applicable;
- to give directives on the fate of your Personal Data after death;
- receive their Personal Data in a usable electronic format and transmit it to a third party (right to data portability); and
- lodge a complaint with their local data protection authority if they are not satisfied with the way Spirit processes their Personal Data.
Employees and applicants of Spirit AeroSystems inside the EEA may have additional rights under local data protection law and employment law.
Please note that Spirit will likely require additional information from you in order to respond to your requests. If you would like to discuss or exercise such rights, please contact Spirit as indicated in the “How to Contact Us” section of this Applicant Privacy Notice.
How to contact us
Please address any request regarding this Applicant Privacy Notice to Spirit’s HR Department at email@example.com.
We will take appropriate steps to address any inquiries or complaints. We also cooperate with relevant data protection authorities for complaints concerning our handling of employee Personal Data.
Changes to this Applicant Privacy Notice
You may request a copy of this Applicant Privacy Notice from us using the contact details set out above. We may modify or update this document from time to time. You will be able to see when we last updated the Applicant Privacy Notice because we will include a revision date at the top of the document. Changes and additions to this Applicant Privacy Notice are effective from the date on which they are posted. Please review this Applicant Privacy Notice from time to time to check whether we have made any changes to the way in which we use your Personal Data.