(December, 2021)
Brainnet B.V., PRO Unlimited Global Netherlands B.V., and PRO Unlimited Global Ltd (UK), group entities of PRO Unlimited, Inc. ("PRO") are committed to protecting the privacy of the users of the Wand Vendor Management System ("Wand VMS" or "Wand") and that of the individuals whose personal data is collected, processed or stored on or through the Wand VMS, (collectively "users" or "data subjects). We want to provide a safe and secure user experience. We endeavor to ensure that the personal data submitted to us remains private, and used only for the purposes as set forth herein. The following sets forth the Privacy Notice ("Privacy Notice" or "Notice") for PRO's Wand VMS. Please note that PRO is the controller of the personal data that is processed by means of Wand VMS. PRO could be contacted by means of privacy-eu@prounlimited.com.
PRO adheres to the following:
We collect, retain and use personal data for the performance of our professional business services when delivering contingent workforce management services. We limit the personal data we collect to that which we believe is appropriate and necessary to manage user needs, provide our services and comply with applicable laws.
We strive to maintain the accuracy of personal data.
Our employees are required to protect personal data on our system. We have internal policies and programs designed to protect personal data.
We limit the internal and external disclosure of personal data.
We do not share personal data with any third parties, except as set forth below.
PRO uses many sources of information to help us meet our needs and the needs of our customers and users.
Personal Data: PRO collects personal data including:
For workers directly employed by PRO: PRO maintains certain personal data about our employees as part of our general employee records. This includes contingent workers who are directly employed by PRO and assigned to work at our clients ("PRO Employees"). PRO's records include:
Names and contact data may include your first and last names, personal and/or professional email addresses, physical addresses, phone numbers, and emergency contact information.
National identifiers such as your national identification, passport information, citizenship, residency, work permit, social security number, or other government identification number, to the extent required by applicable law used for payroll processing, tax compliance and verifying right to work.
Employment Information such as the position you hold now or in the past, job title(s), work location, hire date, date of termination, educational background, employment application, history with the company, areas of expertise, details of compensation and benefits, bank details, performance appraisals and salary reviews, records relating to holiday and other leave, working time records and other management records (collectively, "Employee Data"). Employment Information may be used for, among other things, general workforce management, human resources management, compensation and benefits administration Employee Data can be processed by PRO as controller related to 1. Employee data of PRO as part of PRO's internal organization workforce (Working Staff) and 2. Employee data of PRO as part of PRO's external workforce organization (Contingent Workers) and as such deployed at Clients of PRO.
For workers employed or supplied by third parties: PRO maintains personal data about contingent workers employed or supplied by third parties such as temporary employment agencies and other labor providers.
Names and contact data may include your first and last names, personal and/or professional email addresses, physical addresses, phone numbers, and emergency contact information.
National identifiers such as your national identification, passport information, citizenship, residency, work permit, social security number, or other government identification number. to the extent required by applicable law used for payroll processing, tax compliance and verifying right to work.
Employment Information such as the position you hold now or in the past, job title(s), work location, assignment start and end dates, educational background, history with the company, areas of expertise, job performance records relating to holiday and other leave, working time records and other management records.
For customers and PRO staff employees: Limited personal data is kept on the Wand VMS for users such as client managers and PRO staff employees. This may include:
Names and contact data may include your first and last names, personal and/or professional email addresses, physical addresses, phone numbers, and emergency contact information.
Anonymized Data and Aggregated Statistical Information: PRO may use anonymized data and aggregated statistical information to enhance its services and in connection with other services PRO may offer to its customers. PRO also may use the aggregated and statistical data derived from the operation of Wand, including, without limitation, the number of records in the system, the number and types of transactions, configurations, and reports processed in the system and the performance results for the system for purposes of providing or improving service, benchmarking service performance, preparing statistics and system metrics, and marketing, or to provide other services that PRO may offer to its customers; provided however, that PRO's use of anonymized data and/or aggregated statistical information will not reveal personal data to any third party.
We process personal data for the following purposes and lawful processing grounds:
Purpose: Delivering Contingent workforce management.
Lawful processing ground: processing is necessary for the purposes of the legitimate interests pursued by PRO or it's clients, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data
For example, PRO and its client have a legitimate interest in locating qualified individuals for possible employment by PRO or to place on assignment to provide services to our clients, communicating with them, evaluating and hiring them, and retaining them in their jobs and/or assignments.
We may also collect and use your personal data when necessary for other legitimate interests, such as general HR administration (such as administering payroll and employee benefits, maintaining attendance records, responding to reference requests), company directories, general business management and operation (such as conducting performance and compensation reviews, determining suitability and fitness to render services to our client(s), disclosures for auditing and reporting purposes, internal investigations, management of network and information systems security and business operations, provision and improvement of employee services, physical security and to protect the life and safety of employees and others.
Lawful processing ground: As necessary for the creation and performance of an employment contract or working relationship between you (the data subject) and PRO.
Lawful processing ground: We may use your personal data to comply with the law, including collecting and revealing personal data as required (e.g., for minimum wage, hours worked, tax, health and safety, anti-discrimination laws, and global mobility), to respond to judicial authorities, or to exercise or protect PRO's and/or its client's legal rights.
It is not a statutory requirement to provide the personal data in accordance with this Privacy Notice. However, providing certain categories of personal data might be necessary to execute the agreement with PRO. Failure to provide your personal data when requested may prevent us from being able to carry out these tasks and/or comply with our legal obligations, in which event PRO is entitled to decrease or terminate the contractual relationship.
We will only use your personal data for the purposes for which it was collected, unless we reasonably consider that we need it for another purpose that is compatible with the original purpose and there is a legal basis for further processing.
PRO does not:
Use the data collected in any form of automated decision-making.
Collect or process "special categories of personal data" as that term is used in the EU General Data Protection Regulations (GDPR), Article 9, e.g., we do not collect or process data revealing the user's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning user sex life or sexual orientation. If we become under a legal obligation to collect such data, we will always inform you and ask for your specific consent before processing.
Collect or process personal data of persons who are less than 16 years old.
For the purposes described in this Notice, PRO may disclose the personal data of users:
Employee Data: Employee Data can be processed by PRO as controller related to 1. Employee data of PRO as part of PRO's internal organization workforce (Working Staff) and 2. Employee data of PRO as part of PRO's external workforce organization (Contingent Workers) and as such deployed at Clients of PRO. Employee data of 1 (Working Staff) can be processed by our related PRO group companies (including PRO Unlimited, Inc) when necessary for fulfillment of our employment obligations. PRO uses Employee data of Working Staff for a variety of personnel administration and employee, work and general management purposes;
To third parties who provide PRO with legal and accounting advice, or who provide or administer our insurance, retirement funds, and employee benefits;
To third party contractors who perform services on our behalf, such as reviewing and developing our business systems, procedures and infrastructure (including testing or upgrading our computer systems);
To the client(s) for whom you provide services;
To government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes or complaints; or
To comply with our legal obligations, regulations or contracts, or to respond to a court order, administrative or judicial process, such as subpoena, government audit or search warrant;
As required to create, exercise, or defend against future, threatened, or actual legal action (such as with adverse parties and the court in litigation);
Wherever it is important to protect PRO, its client, your vital interests (such as safety and security), or the interests of another individual;
In connection with the sale, assignment or other transition of all or part of our business such as to a potential purchaser and its legal/professional advisors); or
Otherwise in accordance with your consent or as otherwise required or authorized by law.
PRO is committed to keeping your personal information secure. To help protect your personal data from unauthorized access, use, or disclosure, we employ a range of security technologies and procedures. This includes establishing, implementing, maintaining, and continually improving a privacy and security information management system based on the requirements, control objectives and controls in ISO 27001, and extended by a set of privacy-specific requirements, control objectives and controls. Also to demonstrate compliance with data protection regulations such as GDPR. ISO/IEC 27701 specifies control implementations around the following areas: For example, we store your personal information on computer servers with restricted access that are housed in secure facilities, and we encrypt highly confidential or sensitive personal information when processed
Brainnet is located in the European Union (EEA). When delivering our contingent workforce management services using WAND in Europe, the data controlled by our customers and users will remain on servers in the EEA (Ireland).
International Transfer Intercompany
Employee Data can be processed by PRO as controller related to 1. Employee data of PRO as part of PRO's internal organization workforce (Working Staff) and 2. Employee data of PRO as part of PRO's external workforce organization (Contingent Workers) and as such deployed at Clients of PRO. When Employee Data as mentioned under 1 (Working Staff) is shared between Brainnet and Pro Unlimited Inc. that is established in the United States, in the absence of an adequacy decision for the United States, this will be based on an Intra Group Data Transfer Agreement where the Standard Contractual Clauses (Commission implementing decision of June 4, 2021) are an integral part of and where needed supplementary measures are established to ensure an essentially equivalent level of protection. PRO Unlimited Inc. continues to comply with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and/or Switzerland, respectively, to the United States. However, PRO does not rely on the EU-U.S. Privacy Shield Framework as a legal basis for transfers of personal data in light of the judgment of the EU Court of Justice in Case C-311/18. PRO has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. A copy of the Standard Contractual Clauses that are applied, could be requested at privacy-eu@prounlimited.com.
The Employee Data as mentioned under 2: Employee Data related to Employees of PRO as part of PROO's external workforce organization (Contingent Workers) and as such deployed at Clients of PRO using WAND in Europe will not be transferred outside the EEA.
Personal data will be stored according to the applicable laws or regulatory requirements and kept as long as is necessary to fulfill the purposes for which it was collected. Generally, this means that your personal data will be retained as documented in our corporate data retention schedule, contracts, and applicable supplemental documents.
When using Wand the data subjects can:
Make a request for access to and a copy of your personal information;
Request the rectification (or correction) of any incorrect personal data;
Request the erasure (or deletion) of personal data that is no longer needed to serve the purposes for which it was obtained, or that PRO or its client does not need to keep for other legitimate purposes;
Restrict or object to your personal data being processed.; and
Request that your personal data be ported (transferred) to another organization.
These rights can be applied differently depending on the type of data involved and PRO's specific legal justification for processing personal data.
Please contact our data protection officers by means of privacy-eu@prounlimited.com if you want to exercise one of the above privileges. Any requests will be considered and responded to in compliance with relevant data privacy laws. Please be aware that we may ask you for personal details in order to verify your identity and right of access, as well as to search for and provide you with the personal data we have about you.
You have the right to revoke your consent at any time if we are depending on your consent to process (any of) your personal data. Please notice, however, that the lawfulness of the processing prior to the revocation of your consent will not be affected.
For questions or complaints about how we handle personal data you can contact us at:
PRO Unlimited Global Netherlands B.V.
Marconibaan 1a,
3439
MR, Nieuwegein,
The Netherlands
If you do not receive
timely acknowledgement of your question or complaint from us, or if
we have not addressed your complaint to your satisfaction, you can at
any time lodge a complaint with the data protection authority of the
EEA country where you live or with the data protection authority of
the country or state where the PRO controller that collected your
personal data has its registered seat. A list of the national data
protection authorities can be found here: http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm
We will update this document if our privacy policies change so that you are aware of what information we gather, how it is used, and under what conditions it may be revealed. PRO will have the possibility to alter, amend, or adjust this Notice after which the Notice with it's changes will be will be published online. This Notice is effective as of the date that appears at the top of this document. In the event of any questions about our privacy policies or related matters, please contact us at privacy-eu@prounlimited.com.