Privacy Notice for Staff (Employees, Workers and Contractors) United Kingdom

Effective Date: January 5, 2023

1. Introduction

J.D. Power UK Ltd is dedicated to protecting the confidentiality and privacy of information entrusted to us. We comply with the UK General Data Protection Regulation (UK GDPR) and the UK Data Protection Act 2018. Please read this Employee Privacy Policy to learn about your rights and responsibilities, what information we collect, how we collect it and use personal information about you during and after your working relationship with us and how we protect it, in accordance with the UK GDPR.

2. What is the purpose of this document?

This Employee Privacy Policy ("Privacy Policy") explains what types of personal information, also referred to as personal data, we may collect about our employees and how it may be used. In this Privacy Policy the terms “we”, ”us” and “our” refers to J.D. Power UK Ltd and its affiliates and subsidiaries globally.

The Company is a "controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Policy.

While this Privacy Policy is intended to describe the broadest range of our information processing activities globally, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of personal information we can collect or the manner in which we process that information. In those instances, we adjust our internal policies and practices to reflect the requirements of local laws.

This Privacy Policy applies to current and former employees, workers and contractors. This Privacy Policy does not form part of any contract of employment or other contract to provide services. We may update this Privacy Policy at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain this Privacy Policy, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

3. Data protection officer

We have appointed a Data Protection Officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO).

4. Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

(a) Used lawfully, fairly and in a transparent way.
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
(c) Relevant to the purposes we have told you about and limited only to those purposes.
(e) Kept only as long as necessary for the purposes we have told you about.
(f) Kept securely.

5. Who can you contact for privacy questions and concerns

If you have questions or comments about this Privacy Policy or how we handle personal data, please direct your correspondence to: Data Protection Officer (Chief Information Officer), J.D. Power UK Ltd, Ethos, Kings Road, Swansea SA1 8AS or email [email protected]. We aim to respond within 30 days from the date we receive privacy related communications. You may contact the UK Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/data-protection-complaints/ to report concerns you may have about our data handling practices.

6. Applicability of other Company privacy policies

The website of J.D. Power may have separate privacy policies and terms of use that apply to its use. Additionally, some of our products and services may have separate privacy policies and terms of use that apply to their use. Any personal information of you collected in connection with your use of those websites or products and services are not subject to this Privacy Notice.

7. What is personal information?

Personal information, also known as personally identifiable information or personal data, for purposes of this Privacy Policy means any information that (i) directly and clearly identifies an employee, or (ii) can be used in combination with other information to identify an employee. Personal information does not include such information if it is anonymous or if it has been rendered de-identified by removing personal identifiers. There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

We will collect, store, and use personal information about you during and after your employment relationship with us. Examples of personal information include:

An employee's name, home address, telephone numbers and email addresses
An employee's photograph
Employee ID number
Names of employee family members (including next of kin and emergency contact details)
Date of birth
Gender
Marital status
National Insurance number
Bank account details, payroll records and tax status information
Salary, annual leave, pension and benefits information
Sick pay, retirement accounts, pensions, insurance and other benefits information (including the gender, age, nationality and passport information for any spouse, minor children or other eligible dependents and beneficiaries).
Location of employment or workplace
Copy of an employee's driving licence
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or interview or pre-screening as part of the application process)
Date of hire, date(s) of promotions, work history, technical skills, professional certifications and registrations, language capabilities, training records and absence records
Performance, disciplinary and grievance information
Date of resignation or termination, reason for resignation or termination, information relating to administering termination of employment (e.g. references).

8. What is sensitive personal information

Sensitive personal information, is a subset of personal information that may be more sensitive in nature for the employee concerned.

We may also collect, store and use the following more sensitive types of personal information:

Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions
Trade union membership
Information about your health, including any medical condition, health and sickness records, including:
- details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
- where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes
Genetic information and biometric data
Information about criminal convictions and offences.

9. How is your personal information collected?

Generally, we collect personal information directly from you in circumstances where you provide personal information (e.g., during the application and onboarding process, bank information for salary transfer, enrolling in benefits or services). However, in some instances, the personal information we collect has been inferred about you based on other information you provide us, through your interactions with us, or from third parties (for example from employment agencies, background check providers and former employers (if applicable)). When we collect your personal information from third parties it is either because you have given us express permission to do so, your permission was implied by your actions (e.g., your use of a third-party employee service made available to you by us), or because you provided explicit or implicit permission to the third party to provide the personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect personal information about you without your knowledge or consent. We reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. In the event such monitoring occurs, it may result in the collection of personal information about you.

10. How we use the personal information we collect

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else's interests).
Where it is needed in the public interest or for official purposes.

11. Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we may process your personal information are listed below.

To manage all aspects of an employee’s employment relationship, including, but not limited to the establishment, maintenance, and termination of employment relationships. Examples of activities related to this include: determining eligibility for initial employment, including the verification of references and qualifications; checking you are legally entitled to work in the UK; pay and benefit administration and enrolment; the issuance and management of share options; business travel and other reimbursable expenses; development and training; absence monitoring; equal opportunities monitoring; project management; auditing, compliance, and risk management activities; conflict of interest reporting; employee communications; performance evaluation; disciplinary actions; grievance and internal investigation activities; career management, including the assessment of qualifications for a particular job or task; succession planning; relocation assistance; obtaining and maintaining insurance; the provision of employee related services; and other general operations, administrative, financial, and human resources related purposes.
Administering the contract we have entered into with you.
Assisting you with obtaining an immigration visa or work permit where required.
For use in video conferencing.
Maintain directories of employees.
Administer our occupational safety and health obligations.
To protect the safety and security of our workforce, guests, property, and assets (including controlling and facilitating access to and monitoring activity on and in our premises and activity using our computers, devices, networks, communications and other assets and resources to ensure compliance with our IT policies).
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
To conduct data analytics studies to review and better understand employee retention and attrition rates.
To investigate and respond to claims against us, involving you or other employees, workers and contractors including accidents at work.
To maintain emergency contact and beneficiary details.
To comply with applicable laws (e.g. health and safety, employment laws, tax laws), including judicial or administrative orders regarding employee employees (e.g. child support payments).
To prevent fraud.
To carry out any additional purposes that we advise you of (if applicable law requires your express consent for such additional use or disclosure we will obtain it from you).
To carry out other purposes as part of our business activities when reasonably required by us.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

12. How we use particularly sensitive personal information

"Special categories" of particularly sensitive personal information include information about your health, racial or ethnic origin, sexual orientation or trade union membership and require higher levels of protection.

For these "special categories" of particularly sensitive personal information we need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations or exercise rights in connection with employment.
Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

13. Situations in which we may use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below:

We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance. We need to process this information to exercise rights and perform obligations in connection with your employment.
If you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, we will use information about your physical or mental health, or disability status in reaching a decision about your entitlements under the share plan.
If you apply for an ill-health pension under a pension arrangement operated by a group company, we will use information about your physical or mental health in reaching a decision about your entitlement.
We may use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.

14. Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

15. Your duty to inform us of changes

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

16. If you fail to provide personal information

17. Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our Data Privacy Standard.

We envisage that we will hold information about criminal convictions.

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.

18. What lawful reasons do we have for processing personal data?

We may rely on one or more of the following lawful reasons when we collect and use personal data to operate our business and provide our products and services:

Contract – We may process personal data in order to perform our contractual obligations.
Consent – We may rely on your freely given consent at the time you provided your personal data to us.
Legitimate interests – We may rely on legitimate interests based on our evaluation that the processing is fair, reasonable and balanced.

19. Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

20. Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

Where we have notified you of the decision and given you 21 days to request a reconsideration.
Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

21. Third party services

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration.

We will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.

22. What about other third parties?

We may also share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to stock exchange regulators and disclosures to shareholders such as directors' remuneration reporting requirements.

23. How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow 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 and in accordance with our instructions.

24. When might you share my personal information with other entities in the group?

We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.

25. Transferring information outside the UK

We will transfer the personal information we collect about you outside the UK to the United States of America (USA) in order to perform our contract with you. There are not adequacy regulations in respect of the USA. This means that the USA is not deemed to provide an adequate level of protection for your personal information.

However, to ensure that your personal information receives the same level of protection as it does under the UK law on data protection we have incorporated the UK’s Standard Contractual Clauses into our international data transfer agreement(s) as this will ensure that third parties have appropriate measures in place. If you require further information about these protective measures, you can request it from the DPO.

26. What are your rights in connection with your personal information?

Under certain circumstances, by law you have the right to:

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the DPO in writing.

27. No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

28. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

29. Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

30. What about personal data security?

We have put appropriate technical and organisational security policies and procedures in place to protect personal data (including special categories of sensitive personal data) from loss, misuse, alteration or destruction. We aim to ensure that access to your personal data is limited only to those who have a business need to access / know it. Those employees who have access to the data are required to maintain the confidentiality of such information and breaches by them may result in disciplinary action. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We may apply pseudonymisation, de-identification and anonymisation techniques in efforts to further protect personal data.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

If you have access to parts of our websites, you remain responsible for keeping your user ID and password confidential. Please be aware that the transmission of data via the Internet is not completely secure. Whilst we do our best to try to protect the security of your personal data, we cannot ensure or guarantee the security of your data transmitted to our site; any transmission is at your own risk.

31. How long do we retain personal data?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

32. Changes to this privacy policy

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 any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information. This Privacy Policy was created 24 May 2018. This Privacy Policy was updated January 5, 2023.

If you have any questions about this privacy notice, please contact the Chief Information Officer.