Recruiting Notice of Collection of Personal Information
The purpose of this Recruiting Notice of Collection of Personal Information (“Notice”) focuses on the recruitment and/or hiring process and explains the type of information Discovery Energy, LLC and/or its subsidiaries (“we”, “us” “our”) collects and processes, why we are processing it and how that processing may affect you. This notice applies to individuals who apply to open positions with us, who we contact for or express interest in employment with us, or who undergo an interview or assessment with us (each a “Candidate”). This notice also applies to individuals in contingent and non-permanent positions, such as agents, independent contractors, consultants, temporary contract workers, professional advisors, and interns. This notice describes the rights that you may have in relation to the personal information that we process about you. It does not apply to individuals who interact with our other content and are subject to our Privacy Policy or employees, who are subject to our Workplace Privacy Policy.
If you are unable to access this Notice due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.
By submitting your personal information to us, you acknowledge that:
You have read and understood this Notice and agree to the use of your personal information as set out herein.
Your personal information may be transferred and processed worldwide, including in countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Notice.
You are not required to provide any requested information to us, but your failure to do so may result in our not being able to continue your candidacy for the job for which you have applied.
All of your representations are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature.
Providing any inaccurate information may make you ineligible for employment.
This Notice does not form part of any contract of employment offered to Candidates hired by us.
TYPES OF CATEGORIES OF PERSONAL INFORMATION COLLECTED
We define “personal information” broadly as information that directly identifies an individual or that makes an individual identifiable when combined with other information. "Processing" means doing anything with personal information. For example, it includes collecting it, holding it, disclosing it or deleting it. The terms “Process”, “Processes”, and “Processed” will be construed accordingly.
Specifically, we collect the following types and categories of personal information from you:
Identifiers - A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Personal information - A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, education, employment, employment history, or content of electronic communication. Some personal information included in this category may overlap with other categories.
Protected classification characteristics - Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression), veteran or military status.
Internet or other similar network activity - Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data - Physical location or movements.
Professional or employment-related information - Current or past job history or performance evaluations.
Non-public education information - Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Inferences drawn from other personal information - Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Sensitive Personal Information - Personal Information revealing racial or ethnic origin, government ID,Geolocation, health information, and other personal information subject to special protection and considered by applicable data protection law to be “sensitive information.”
We will collect the majority of the personal information that we process directly from you. Other personal information about you is generated from references and third-party companies such as recruitment agencies, and information about you that is available on the Internet, such as from Facebook, LinkedIn, Twitter and Google. In limited circumstances third parties may provide your personal information to us, such as former employers, official bodies (such as regulators or criminal record bureaus, laboratory technicians, medical professionals, and or other sources.
Failure to provide or allow us to process personal information may affect our ability to accomplish the purposes stated in this Notice.
HOW YOUR PERSONAL INFORMATION WILL BE USED
We will use the personal information collected from or about you where applicable law permits or requires it, including where the processing is necessary for the performance of our employment contract with you, where the processing is necessary to comply with a legal obligation that applies to us as your employer, for our legitimate interests or the legitimate interests of third parties, to protect your vital interests, or with your consent if applicable law requires consent. We may process your personal information for the following legitimate business purposes and for the purposes of performing the employment contract with you:
Employee administration (including payroll and benefits administration).
Business management and planning.
Processing employee work-related claims (for example, insurance and worker's compensation claims).
Conducting performance reviews and determining performance requirements.
Assessing qualifications for a particular job or task.
Gathering evidence for disciplinary action or termination.
Complying with applicable law.
Education, training, and development requirements.
Complying with health and safety obligations.
We will only process your personal information for the purposes we collected it for or for compatible purposes. If we need to process your personal information for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent. We may process your personal information without your knowledge or consent where required by applicable law or regulation.
We may also process your personal information for our own legitimate interests, including for the following purposes:
To prevent fraud.
To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.
To support internal administration with our affiliated entities.
To conduct data analytics analyses to review and better understand employee retention and attrition rates.
You will not be subject to decisions based on automated data processing without your prior consent.
Your personal information will be seen internally by our administrators for employment, administrative and management purposes as mentioned in this Notice. We may also share your information with law enforcement, government agencies and other recipients for legal, security and safety purposes.
We may disclose your personal information to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the employment relationship with you, including third-party service providers who provide services to us or on our behalf. Third-party service providers may include, but are not limited to, payroll processors, benefits administration providers, data storage or hosting providers or visa options. These third-party service providers may be located outside of your home jurisdiction.
We may also disclose your personal information for the following additional purposes where permitted or required by applicable law:
To other members of our group of companies (including outside of your home jurisdiction) for the purposes set out in this Notice and as necessary to perform our employment contract with you.
As part of our regular reporting activities to other members of our group of companies.
To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal information to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal information necessary for the specific purpose and circumstances.
To protect our rights and property.
During emergency situations or where necessary to protect the safety of persons.
Where the personal information is publicly available.
If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is absolutely necessary, and we will anonymize the data where possible.
Pursuant to applicable law(s), we are required to notify you of any use or disclosure of your personal information for purposes other than those permitted uses and disclosures during the course of your employment, application for employment or providing contract services. Therefore, while we do not use or disclose your personal information for purposes other than those listed above, we are required to inform you that we do not sell any of your personal information or share your personal information for cross-context behavioral advertising.
Background screening. If you receive an offer from us, we may conduct a background check on you or instruct a third party to do so on our behalf. Background screening will only be done where permitted by the law applicable to the location where the position is located and to the extent necessary and proportionate to the role that you are being offered. A background check will only involve criminal background data to the extent permitted by law. Our legal basis for background screening is our need to perform precontractual measures related to establishing our employment relationship. If a background screening is required, you may be contacted by a third-party background screening service provider to request authorization for the release of your information, and at that time you will be provided with further information about the process and what personal information it might involve. Information relating to criminal convictions and offences may also receive special protection under the laws of your jurisdiction.
Sensitive Personal Information. We may collect sensitive personal information about a candidate to the extent permitted or required to do so by applicable laws (e.g., U.S. equal opportunity laws) and to support our efforts to create an inclusive and diverse work environment. Under limited circumstances and to the extent permitted by applicable law, we may also collect sensitive personal information relating to health and medical characteristics, to address our public health and workplace safety obligations, to provide reasonable accommodations to facilitate the interview process (in case of disabilities) and to protect us and our employees, clients, and third parties.
INTERNATIONAL TRANSFERS
As a global organization headquartered in in the United States, we also have offices, affiliates, subsidiaries, and employees located around the world. Therefore, in connection with our business and for employment, administrative, management and legal purposes, we may transfer your personal information outside of your country of residence which may include transfers outside the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”) to members of our group and to service providers or sub-processors Where necessary, these transfers are covered by an agreement ensuring appropriate and suitable safeguards with our group members.
We rely upon the Standard Contractual Clauses (approved by the European Commission and Swiss authorities) and UK Addendum to the Standard Contractual Clauses (approved by the UK authorities), as well as additional safeguards where appropriate. We may also utilize addendums and other data transfer agreements specific to certain countries as required. If you have further questions, please contact us as provided below.
DATA RETENTION
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes we process your personal information for, and whether we can achieve those purposes through other means. We specify the retention periods for your personal information in our data retention policy.
Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. Once you are no longer an employee of the company, we will retain and securely destroy your personal information in accordance with our document retention policy and applicable laws and regulations.
YOUR DATA SUBJECT RIGHTS OVER YOUR PERSONAL INFORMATION
You may have certain rights in relation to your personal information. We will honor these rights to the extent required by law. You can request access, correction, updates, deletion, restriction of processing of your personal information or you may object to the processing of your personal information.
Rights of Access, Correction, Erasure, and Objection. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your employment. By law you may have the right to request access to, correct, and erase the personal information that we hold about you, or object to the processing of your personal information under certain circumstances. You may also have the right to request that we transfer 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 information, or request that we transfer a copy of your personal information to another party, please contact us as provided below. Any such communication must be in writing.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes.
Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Right to Withdraw Consent. Where you have provided your consent to the collection, processing, or transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us as provided below.
CHANGES TO THIS NOTICE
We reserve the right to update this Notice at any time, and we will provide you with a new Notice when we make any updates. If we would like to use your previously collected personal information for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal information for a new or unrelated purpose. We may process your personal information without your knowledge or consent where required by applicable law or regulation.
CONTACT US
If you have any questions about our processing of your personal information or would like to make an access or other request, please contact us at: rehlko.privacy@kohler.com.
If you are unsatisfied with our response to any issues that you raise, you have the right to make a complaint with the data protection authority in your jurisdiction.
If you have any questions about this Notice or how we handle your personal information, or would like to request access to your personal information, please contact rehlko.privacy@kohler.com.
MODIFICATIONS TO THIS NOTICE
We reserve the right to modify this Notice as required by changes to our business processes or applicable law. We will post any changes to our Notice on this page. Please check this page regularly to keep up-to-date.
