Job Applicant Privacy Notice
Effective Date: November 2018
W. L. Gore & Associates, Inc. and its affiliates worldwide (collectively referred to hereinafter as “Gore”, “we” or “us”) are committed to respecting privacy and complying with applicable data protection and privacy laws in the countries in which we operate. This Gore Recruiting Privacy Notice (“Notice”) explains how we collect, use and disclose the personal information - information that identifies an individual or can be used to identify an individual – that we collect related to our recruiting activities (herein “Data”). The controller of this Data is W. L. Gore & Associates, Inc. together with the employing entity of the relevant position or job for which you submit Data (a “joint controller”). You can find a list of our Affiliates here.
Gore reserves the right to modify this Notice as required by law and per changes to Gore’s practices and procedures. Gore will post the modified Notice on the appropriate website(s). We therefore encourage you to regularly check the Notice for any changes. If such changes materially impact our privacy practices regarding personal information already collected from you, we will endeavor to provide you with additional notice (e.g., via email).
How We Collect Data. We collect Data when you provide it to us, for example through registration, completion of forms or the sending of e-mails as part of the job application process and registration as a candidate or Recruiting Agency on Gore’s Career site. When we engage with Recruiting Agencies, we collect Data, such as Recruiting Agency name and contact details in order to communicate about candidates and referrals. When we collect your Data, we will tell you what information is mandatory and what is optional.
We may also collect Data from third parties: (a) in order to verify information about your credentials, such as education and prior employment, (b) follow-up on references that you may provide, or (c) to the extent permitted or required by law to conduct background checks and screenings, including criminal background checks. We may also receive candidate and applicant personal information including your CV/resume, job experience, qualifications and contact information from Recruiting Agencies, who have their own obligations to comply with applicable privacy laws, and notice and consent requirements in order to disclose applicant and candidate personal information to us for our handling as set forth in this Notice. If you believe that a third party has improperly provided us your personal information and you would like it removed, please contact us at recruiting@wlgore.com.
Why We Collect and Use Data. Gore collects and uses Data about candidates and applicants, as permitted by local law, for our global recruitment and recruiting activities, such as identifying, screening and interviewing qualified candidates, determining or verifying relevant qualifications for employment, making hiring decision, documenting and maintaining records related to Gore’s recruitment activities, responding to applicants and candidates, and to comply with applicable laws and regulations.
If you have given your consent, your personal information will be added to Gore’s Talent Pool and will be used for the purpose of considering whether your profile is suitable for other job opportunities at Gore or where appropriate for notifying you about other job opportunities. If we elect to make you an offer of employment or if you are hired, your personal information may be incorporated into our human resources system, become part of your human resources file, and may be used for other employment and/or work-related purposes (as set forth in the applicable Gore Associate Privacy Notice).
Subject to applicable law and where relevant to our consideration of your application or candidacy, we may collect and use certain sensitive or special categories of personal information such as: physical or mental health data; information regarding the commission or alleged commission by you of any offence and any associated legal proceedings, sentences or other disposition of such proceedings by a court. Individuals in the EU, please note, that special categories of data will only be collected and used in so far as such is necessary for the purposes of carrying out an obligation under applicable law (see below) or when the use is authorized by Union or Member State law.
Purpose of Use. We collect and use your personal information in accordance with applicable data protection laws. For individuals in the EU, generally, the following legal bases apply to our processing of your personal information:
- Enter/perform contract: in order to take steps to assess your suitability for employment positions prior to entering into an employment contract or to otherwise take steps necessary for entering into a contract with you;
- Our legitimate interest*: where it is necessary to serve our legitimate interests – including our interests in recruiting and hiring qualified and appropriate candidates, identifying suitable or qualified candidates, verifying information regarding candidates and applicants, and securing, defending and developing our business – provided your interests and fundamental rights do not override those interests;
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Your consent: where we have your free and explicit consent, for example, if you consent to being considered for future positions and vacancies. You may withdraw your consent at any time as set forth in the "Your Rights" section below;
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Establish, defend and protect rights:where processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or Gore in the field of employment law, social security and social protection law and there is no reason to believe that you have an overriding legitimate interest in not processing the Data; or
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Assessment of working capacity:where processing is necessary for the assessment of your working capacity, medical diagnosis, or for the provision of health or social care or treatment; or
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Comply with law: where we need to comply with a legal obligation under EU or EU Member State law to which we are subject.*
*only applicable for Germany where personal information are not processed for employment- related purposes
In general, we processes personal information about applicants and candidates as set forth below:
Purposes of Using Personal Information
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Legal Bases (EU)
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To administer and manage your application process
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· Enter/perform contract
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To assess your skills, qualifications and your suitability for our career opportunities
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· Enter/perform contract
· Assess your working capacity
· Our legitimate interest
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To verify that the information you have provided is true and accurate
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· Enter/perform contract
· Comply with law
· Our legitimate interest
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To conduct background checks and screenings (in accordance with applicable law)
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· Enter/perform contract
· Your consent
· Comply with law
· Our legitimate interests
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To communicate with you regarding your application or candidacy, and, if you are working with a recruiting agency to communicate with them regarding your application or candidacy
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· Enter/perform contract
· Our legitimate interest
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To consider whether you are suitable for other job opportunities, and to communicate with you about such potential opportunities
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· Your consent
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Establish, exercise and defend (potential) legal claims
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· Enter/perform contract
· Establish, defend and protect rights
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Complying with our legal obligations and legal process
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· Enter/perform contract
· Comply with law
· Our legitimate interest
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The personal information we collect is generally necessary in order to assess your employment application. Failure to provide any mandatory information will mean that we cannot carry out certain processes. For example, if you do not provide us with your contact information or proof of qualifications, we will not be able to consider you properly for the role that you have applied for.
Transfer of Your Data. Because Gore is a global enterprise that consists of numerous and various entities worldwide, Data may need to be transferred between entities within Gore.
If you are located in the European Economic Area (the “EEA”) this may include countries outside the EEA. Please see a list of the entities that may jointly process and/or use Data. To ensure an adequate level of data protection all Gore entities worldwide have adopted and agreed to the Standard Contractual Clauses as approved by the European Commission and the EU Data Processing Principles.
Data will be transferred to and hosted by a third-party IT service provider in the United States. We may also share Data with other selected unaffiliated service providers or consultants acting on our behalf, such as external contract recruiters, relocation companies, expense management providers, or lawyers. Gore requires these third-party service providers to comply with this Notice and to provide assurances that the same levels of data protection are in place. You are entitled to receive a copy of any documentation showing the suitable safeguards that have been taken by making a request via dataprivacyoffice@wlgore.com.
For applicants located within the United States and applying or being considered for a position within Gore’s Medical Division: Consideration of employment will be based upon a review of the U.S. Department of Health and Human Services Office of Inspector General List of Excluded Individuals/Entities.
Retention and Deletion of Your Data. Gore retains your personal information as long as is necessary to fulfill the purposes outlined in this Notice unless a longer retention period is required or permitted by local law or necessary to protect our legal interest. Unless you are hired by us, we generally retain personal information from a job application for 36 months except in the EU, generally, we retain this Data for 6 months and in China and Hong Kong for 24 months. Further, if you have given consent for the retention of your personal information in Gore’s Talent Pools (for consideration for future openings), we will retain your information for an additional 12 months after the completion of any job application processes for these purposes. Please note that we may still hold certain of your personal information if you have ported your application information into your online account or provided information in other applications that have been submitted or are in progress. We also may retain personal information for longer where required by our regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.
Safeguards. In compliance with applicable laws, regulations and industry standardsGore uses appropriate administrative, technical, personnel, and physical measures to safeguard Data under our control againstunauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.In addition, we exercise special precautions in dealing with data defined as sensitive by law. Unfortunately, communications over the Internet - such as email and webmail - can never be fully secure. Gore cannot accept responsibility for any unauthorized access or loss of Data that is beyond our control.
Your Rights. Subject to applicable law, you may have the following rights with regard to our processing of your personal information
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Right to access, correct and delete your personal information. Gore will take steps to maintain correct Data. You have the right to request access to any of your personal information that Gore may hold, and to request correction of any inaccurate personal information relating to you. You also have the right to request deletion of your personal information in certain circumstances, including: (a) where it is no longer necessary for us to process this data in relation to the purposes for which we collected or processed the data; (b) you have withdrawn your consent; (c) you have objected to processing and we cannot prove that there are overriding legitimate grounds for processing; (d) your personal information were processed unlawfully; or (e) your personal information must be erased in order to comply with legal requirements; we will respond to your deletion request as required by applicable law. If we decline to delete your personal information we will take steps to notify you of this. Please note that we may need to retain certain personal information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.
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Right to withdraw consent. In the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time by sending an email to dataprivacyoffice@wlgore.com specifying your request, without affecting the lawfulness of processing based on consent before its withdrawal.
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Data portability. You have the right under certain circumstances to receive personal information that you have provided to Gore in a structured, commonly-used and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice where this is technically feasible.
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Right to restrict use- You have the right to restrict our processing of your personal information where: (a) the accuracy of your personal information is contested by you and we must verify the accuracy of the personal information; (b) the processing is unlawful, but you oppose the erasure of the personal information and request the restriction of use instead; (c) we no longer need the personal information for the stated purposes of processing, but you require it to establish, exercise or defend your legal claims; and (d) you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds.
· Right to object- To the extent that we are relying on our legitimate interests to process your personal information, you have the right to object to such processing, and we must stop such processing unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms, such as where we need to process your personal information for the establishment, exercise or defense of legal claims.
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Lodge a complaint. You also have the right to lodge a complaint with a supervisory authority in your country of residence if you think our processing of your personal information infringes this Privacy Notice or applicable law.
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Digital Legacy. If you are an Applicant in France, you also have the right to issue directives relating to the disposition of your Personal information after your death.
For further information regarding your rights, or to exercise any of your rights, please contact us as set forth below.
Contact Us. If you have questions or concerns about this Notice or Gore’s practices for handling applicant personal information received through this website, or would like to submit a data subject request, please contact our Enterprise Privacy Office at dataprivacyoffice@wlgore.com.
You may also contact Gore Talent Acquisition:
APAC
Email: AP_TA@wlgore.com
Phone: 4001830866
Individuals in the EU may also contact our EU Data Protection Officer:
W. L. Gore & Associates GmbH
Attn: EU Group Data Protection Officer
dataprivacyoffice@wlgore.com
Hermann-Oberth-Str. 22
85640 Putzbrunn,
Germany
If you are in Italy, you may also contact our Italy Data Protection Officer at:
W. L. Gore & Associati S.r.l.
Attn: Italy Data Protection Officer
dataprivacyoffice@wlgore.com
Via Enrico Fermi, 2/4
37135 Verona
Italy