Candidate Privacy Notice - Japan, Hong Kong, Thailand and Singapore

Pegasystems K.K. (for candidates in Japan), Pegasystems Pvt Ltd (for candidates in Hong Kong), Pegasystems (Thailand) Co., Ltd. (for candidates in Thailand), Pegasystems Pte Ltd (for candidates in Singapore), Pegasystems Pty Ltd and Pegasystems Inc are ‘data controllers’ of your personal information for the purposes of processing your candidacy. This means that we are responsible for deciding how we hold and use personal information about you as a candidate for a position at Pegasystems (whether as an employee or a contractor). This privacy notice sets out how we collect your personal data and makes you aware of how and why your data will be used, namely for the purpose of the recruitment exercise, and how long it will usually be retained for. For any questions regarding this privacy notice, please refer to the “Contact Details and Your Rights of Complaint” section below. The term “contractor” in this notice includes an individual who is not a Pegasystems employee but is nonetheless providing services to Pegasystems either in that person’s own name or as an employee of a business contracted to provide services to Pegasystems.

The types of information we hold about you

We collect, store and use the following categories of information about you during our recruitment process:

• Your name, address, email address, telephone number and other contact information
• The information you have provided to us in your CV/resume and covering letter
• Any additional information you provide to us in support of an application
• Information from interviews and screenings you may have
• Details of the type of role you are looking for, current salary (where relevant) and salary expectations, and other terms relating to compensation and benefits packages, or other job preferences
• Details of how you heard about the position you are applying for
• Results of the Predictive Index (PI) survey, where relevant
• Reference information and/or information received from background checks, including information provided by third parties
• Information relating to any previous recruitment and/or employment history with us
• Information relevant to your right to work, including nationality, or citizenship, for visa purposes.

We may, in accordance with applicable laws and controls of the appropriate authorities, also collect, store and use the following ‘special categories’ of more sensitive personal information:

• Information about your racial, ethnic and national origin, where relevant for visa purposes
• Political opinion, cult, religious and philosophical beliefs
• Sexual behaviour, disability, genetic data, biometric data
• Medical or health information, where relevant
• Information about criminal convictions and offences where required for the role and legally permissible

We will in accordance with applicable law obtain your consent (for non-sensitive data) or explicit consent (for sensitive data), for us to collect, use and disclose your personal data. If we collect your personal data from a third party source, we will in accordance with applicable law notify you of the identity and other relevant details of such third party source.

How is your personal information collected?

We collect personal information about candidates from the following sources:

• You (the candidate)
• Our background check provider for roles in all countries, from whom we collect the following categories of data:
  • Your activity and employment history
  • Full academic history
  • Address verification
  • Professional qualifications history
  • Credit check (for roles in professional services, finance and legal only)
  • Driving licence endorsements check (for roles in professional services, finance and legal)
  • Directorship check
  • Global Watchlist check
• Our PI provider, from whom we collect the PI report generated as a result of data submitted by you to the PI provider
• Service providers in respect of criminal convictions, for the roles outlined above
• Your named referees, from whom we collect confirmation of your role and dates of employment and other information related to your past or current employment
• Any external provider who advertises a role on our behalf
• Information about you, including your contact details, your profile and resume/CV (if available) from the following publicly available sources: LinkedIn and Twitter

How we will use the information about you

We will use the personal information we collect about you to:

• Assess your skills, qualifications and suitability for the role for which you are being considered, or other relevant roles we have
• Carry out background and reference checks, where applicable
• Communicate with you about the recruitment process including, in appropriate cases, informing you of other potential career opportunities with us
• Create records relating to our hiring process
• Assist you with obtaining an immigration visa or work permit where required
• Review our recruitment practices, including diversity monitoring
• Comply with legal or regulatory requirements

We may also use personal information for purposes related to the above which we consider come within your personal expectations, such as considering you for future job opportunities.

We may combine information that we hold about you with other information collected from or held by others (including other companies in the Pegasystems group, service providers and contractors.

If you accept a role with us, the information collected during the recruitment process will become part of your employment record.
It is your responsibility to obtain consent from referees to the processing of their personal information before providing it to us.

How we use sensitive information

We use your sensitive information in the following ways, where relevant:

• We will use information about your disability status to consider whether we need to adjust the recruitment process
• If relevant, we may use information about your national origin for visa and immigration purposes
• We will use information about criminal convictions for roles which involve a high degree of trust and integrity and for roles where this is a customer requirement

We may only use information relating to criminal convictions where the law allows us to do so. We have in place appropriate safeguards when processing this data which are required by law.

If you fail to provide personal information

The provision of your personal information is mandatory. If you fail to provide information when requested, which is necessary for us to consider your application, we may not be able to take you forward in our recruitment process. For example, if we require a reference for this role and you fail to provide us with relevant details, we may not be able to take your candidacy further.

DATA SHARING

Why might you share my data with third parties?

With your consent, we will share your information with other companies in the Pegasystems group as well as limited members of our human resources, IT and finance departments. In addition, as relevant, with our background check provider and with our PI provider and other third party service providers. All our third party providers and other entities in the group are required to take appropriate security measures to protect your personal information. 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.

With your consent, we may also be required to disclose your information to external third parties such as local labour authorities, courts and tribunals, regulatory bodies and/or law enforcement agencies for the purpose of complying with applicable laws and regulations or in response to legal process.

Transferring information abroad

We will transfer some of the personal information we collect about you to the following countries: USA, Australia, UK and India. We will ensure that any personal information transferred remains protected in accordance with applicable law, including where necessary, to ensure that sufficient personal data protection measures are in place in the above-mentioned countries to meet any applicable requirements prescribed by personal data protection authorities / regulators.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

DATA RETENTION

How long will you use my information for?

We will retain your information in accordance with applicable law and our Retention Policy. We retain your information for that period so we can comply with legal requirements. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.

If we wish to retain your personal information on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will contact you separately, seeking your explicit consent to retain your information for a fixed period on that basis.

RIGHTS OF ACCESS, CORRECTION, ERASURE, RESTRICTION AND PORTABILITY

Your responsibility to inform us of changes

It is important that the personal information we hold about you is accurate. Please keep us informed if your personal information changes during your recruitment process with us.

Your rights in connection with personal information

Depending on the law which applies to you, you may have any or all of the following rights to:

• Request access to your personal information. 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 data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure or anonymization of your personal information. This enables you to ask us to delete, remove or anonymize personal information where there is no good reason for us to continue 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.
• Withdraw your consent given to us for collection, use and disclosure of your personal data at anytime.
• 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 yourself or to another party (the right to portability).
• File a complaint with the appropriate authority where we fail to comply with any applicable law relating to your personal data.

If you want to exercise any of the rights you may have, including to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, please contact our data protection team at [email protected]. If you are a candidate in Singapore please contact [email protected]. We may, if permitted or required by applicable law, reject your request to exercise any such rights and keep records of any such rejection.

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 where permitted by law if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in these circumstances if permitted by law.

What we may need from you

We may need to ask for 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 does not have the right to receive it.

CONTACT DETAILS AND YOUR RIGHTS OF COMPLAINT

If you have any questions about this privacy notice or how we handle your personal information, please contact our data protection team at [email protected]. If you are candidate in Singapore please contact [email protected]. 

You have the right to make a complaint to us using the contact details above or at any time to the relevant supervisory authority for data protection issues in the country in which you are based. We will endeavour to respond to any complaints made to us within a reasonable time.

Status of and Changes to this notice

This notice does not form part of any employment contract or other contract to provide services. We may update this notice at any time and changes will appear on this page.

Last updated 17 August 2020