EU-U.S. Privacy Shield: Employee Privacy Policy

The Beanstalk Group, LLC
EU-U.S. Privacy Shield:  Employee Privacy Policy
Last Updated: September 21, 2016

The Beanstalk Group, LLC and its operating subsidiary The Beanstalk Group (UK) Ltd. (collectively, “Beanstalk”) respect your concerns about privacy.  Beanstalk participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce.  Beanstalk commits to comply with the Privacy Shield Principles with respect to Employee Personal Data the company receives from the EU in reliance on the Privacy Shield.  This Policy describes how Beanstalk effects the Privacy Shield Principles for Employee Personal Data.

For purposes of this Policy:

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Employee” means any current, former or prospective employee, temporary worker, intern or other non-permanent employee of any subsidiary or affiliate of Beanstalk, who is located in the EU.

“EU” means the European Union and Iceland, Liechtenstein and Norway.

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Beanstalk in the U.S. from the EU, and (iii) recorded in any form.

“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.

Beanstalk’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/.  For more information about Beanstalk’s processing of Employee Personal Data, please see the Beanstalk EU Employee Privacy Policy, which is available on Beanstalk’s Intranet (https://vine.beanstalk.com) or from your HR manager.

Types of  Personal Data Beanstalk Collects

Beanstalk collects or has access to Personal Data about Employees to carry out and support human resources functions and activities, which may include: (i) recruiting and hiring job applicants; (ii) managing Employee communications and relations; (iii) providing compensation and benefits; (iv) administering payroll; (v) processing corporate expenses and reimbursements; (vi) managing Employee participation in human resources plans and programs; (vii) carrying out obligations under employment contracts; (viii) managing Employee performance; (ix) conducting training and talent development; (x) facilitating Employee relocations and international assignments; (xi) managing Employee headcount and office allocation; (xii) managing the Employee termination process; (xiii) managing information technology and communications systems, such as the corporate email system and company directory; (xiv) conducting ethics and disciplinary investigations; (xv) administering Employee grievances and claims; (xvi) managing audit and compliance matters; (xvii) complying with applicable legal obligations, including government reporting and specific local law requirements; and (xviii) other general human resources purposes.  Beanstalk also may obtain and process Personal Data about Employees’ emergency contacts and other individuals (such as spouse, family members, dependents and beneficiaries) to the extent Employees provide such information to Beanstalk.  Beanstalk processes this information to comply with its legal obligations and for benefits administration and other internal administrative purposes. 

The types of Personal Data Beanstalk collects or has access to in connection with these activities includes:

  • name;
  • contact information;
  • date of birth;
  • government-issued identification information, passport or visa information;
  • educational history;
  • employment and military history;
  • legal work eligibility status;
  • information about job performance and compensation;
  • financial account information; and
  • other information Employees may provide.

 

Beanstalk’s privacy practices regarding the processing of Employee Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability. 

Notice

Beanstalk notifies Employees about its privacy practices, including the purposes for which it collects and uses Personal Data, the types of Personal Data Beanstalk collects, the types of third parties to which Beanstalk discloses the Personal Data and the purposes for doing so, the rights and choices Employees have for limiting the use and disclosure of their Personal Data, and how to contact Beanstalk about its practices concerning Personal Data.  Information regarding Beanstalk’s Employee Personal Data practices is contained in this Policy and the Beanstalk EU Employee Privacy Policy, which is available on Beanstalk’s Intranet (https://vine.beanstalk.com) or from your HR manager. 

Relevant information also may be found in notices pertaining to specific data processing activities. 

Choice

Beanstalk generally offers Employees the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Employee. To the extent required by the Privacy Shield Principles, Beanstalk obtains opt-in consent for certain uses and disclosures of Sensitive Data. Unless Beanstalk offers Employees an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy and the Beanstalk EU Employee Privacy Policy, which is available on Beanstalk’s Intranet (https://vine.beanstalk.com) or from your HR manager.  To exercise their choices, Employees may contact Beanstalk as indicated in this Policy and Beanstalk EU Employee Privacy Policy, which is available on Beanstalk’s Intranet (https://vine.beanstalk.com) or from your HR manager.  To the extent and for the period necessary to avoid prejudicing the ability of the company in making promotions, appointments, or other similar employment decisions, Beanstalk is not required to offer notice or choice to Employees.

Beanstalk may share Employee Personal Data with its affiliates and subsidiaries.  Beanstalk may disclose Employee Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  Beanstalk also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation). 

Accountability for Onward Transfer of Personal Data

This Policy and the Beanstalk EU Employee Privacy Policy, which is available on Beanstalk’s Intranet (https://vine.beanstalk.com) or from your HR manager, describe Beanstalk’s sharing of Personal Data.

Except as permitted or required by applicable law, Beanstalk provides Employees with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  Beanstalk requires third-party Controllers to whom it discloses Employee Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Employee, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Beanstalk and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. Beanstalk is not required to enter into a contract to transfer Personal Data to certain third-party Controllers for occasional employment-related operational needs of the company, such as booking flights or hotel rooms or handling insurance coverage.

With respect to transfers of Employee Personal Data to third-party Processors, Beanstalk (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Beanstalk’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Beanstalk if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request.  Beanstalk remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process the relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Beanstalk proves that it is not responsible for the event giving rise to the damage.

Security

Beanstalk takes reasonable and appropriate measures to protect Employee Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data. 

Data Integrity and Purpose Limitation

Beanstalk limits the Employee Personal Data it processes to that which is relevant for the purposes of the particular processing.  Beanstalk does not process Employee Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Employee.  In addition, to the extent necessary for these purposes, Beanstalk takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, Beanstalk relies on its Employees to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the Employees.  Employees may contact Beanstalk as indicated in this Policy to request that Beanstalk update or correct relevant Personal Data.

Subject to applicable law, Beanstalk retains Employee Personal Data in a form that identifies or renders identifiable the relevant Employee only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Employee.

Access

Employees generally have the right to access their Personal Data.  Accordingly, where appropriate, Beanstalk provides Employees with reasonable access to the Personal Data Beanstalk maintains about them.  Beanstalk also provides a reasonable opportunity for Employees to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  Beanstalk may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Employee’s privacy in the case in question, or where the rights of persons other than the Employee would be violated. 

Employees may request access to their Personal Data by contacting Beanstalk as indicated in this Policy.

Recourse, Enforcement and Liability

Beanstalk has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  Beanstalk conducts an annual self-assessment of its Employee Personal Data practices to verify that the attestations and assertions Beanstalk makes about its Privacy Shield privacy practices are true and that Beanstalk’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles. 

Employees may file a complaint concerning Beanstalk’s processing of their Personal Data.  Beanstalk will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles.  Employees may contact Beanstalk as specified below about complaints regarding Beanstalk’s Personal Data practices. 

If an Employee’s complaint cannot be resolved through Beanstalk’s internal processes, Beanstalk will cooperate with the panel of EU data protection authorities established pursuant to the Privacy Shield to address relevant Employee complaints and provide Employees with appropriate recourse free of charge.  Beanstalk also is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

How to Contact Beanstalk

To ask questions or express concerns about Employee Personal Data collection, management and processing, please contact:

Write to:

General Counsel

The Beanstalk Group, LLC

220 E. 42nd Street

15th Floor

New York, NY 10017

Or

E-mail:  privacy@beanstalk.com