Privacy Statement

Privacy Statement

Nihilent Limited (hereafter referred to as “we” or “our” or “us” or “Nihilent” or “organization” or “company”) respects your right to data privacy. In this Statement “You” or “Your” refers to data subject (customers, employees, website visitors or contingent workers) whose personal data is processed by Nihilent.

This privacy statement explains who we are, how we collect, share and use personal data about you, and how you can exercise your data privacy rights. The details on what personal data will be processed and which method will be used depend significantly on the services applied for or agreed upon.

Definitions

Data Subject – An identified or identifiable living individual natural person.

Personal Data – Any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that data subject.

Processing – Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Special category of data – Special category of personal data: data that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or data concerning your health / sex life.

Contingent workers – Contingent workers means non-permanent workers including agents, consultants, independent contractors, sub-contractors, temporary workers, professional advisors, interns and those affiliated with third parties.

Controller – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Joint controller – Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers.

Group company (Group) – includes a holding company, subsidiary, associate company (including a joint venture company) and a subsidiary of a holding company to which the company is also a subsidiary.If you have any questions or concerns about our processing of your personal data, then please contact us using the contact details provided.

What does Nihilent do?

Nihilent is a global consulting and services company using design thinking approach to problem-solving and integrated change management. Nihilent provides a comprehensive range of process and technology-led transformation services leveraging advanced analytics, artificial intelligence, block chain, business intelligence, data science, cloud services, IoT, and machine learning. We focus these services to Banking, Financial Services, Insurance, Retail, Supply Chain & Manufacturing, Media and Entertainment, and Healthcare organizations. Nihilent has a significant presence in India, USA, UK, Australia, and South Africa.

For more information about Nihilent, please see the “About us” section on the website at https://www.nihilent.com/about-us/

Data Protection Officer

Nihilent has appointed a Data Protection Officer (DPO) for you to contact if you have any questions or concerns about the Nihilent personal data policies or practices. If you have any questions or concerns about this data privacy statement or how we handle your personal data, please contact the DPO at DPO@nihilent.com Nihilent’s DPO name and contact information are as follows:

DPO Name: Mr. Abhay Ghate
DPO Address: Nihilent Ltd.,
4th Floor, ‘D’ Block,
Nagar Road Weikfield,
IT Citi Info park,
Maharashtra, Pune-411014
Email Address: DPO@nihilent.com
Phone Number: +91-20-398 46 100

When do we collect your personal data?

Direct interactions
You may give us your identity, contact, resume by filling in forms or by corresponding with us by phone, and email or otherwise. This includes sharing of personal data for the following purpose:
a) Records of your interactions with us such as emails and other correspondence and your instructions to us;
b) Providing your feedback;
c) By filling in forms, for example to download white papers and/or gather insights on case studies;
d) By sharing your personal data such as resume for recruitment purpose;
e) By interacting with us on social media platforms such as Facebook, Twitter and LinkedIn etc.

Automated technologies or interactions
Log Files. Log information is data about your use of the Service, such as IP (Internet Protocol) address, browser type, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.

Cookies. A cookie is a small data file transferred to your computer (or other device) when it is used to access our service. Cookies may be used for many purposes, including to enable certain features of our service and remember your preferences, your equipment, browsing actions and patterns, to better understand how you interact with our service, to provide you advertising on and off the service, and to monitor usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. If you do not accept cookies, however, you may not be able to use all portions of our Service or all functionality of our Service.

Please see our cookie statement for further details.

Third parties or publicly available sources
We may receive aggregated personal data about you from various third parties as mentioned below:

Technical Data from the following parties:

  • Analytics providers such as Google, Facebook;
  • Social media platforms such as Facebook, Twitter, Instagram or LinkedIn

What personal data do we collect?

We may collect, store, and use the following categories of personal data about you:

Identity Data
a) Full name
b) Resume

Contact Data
a) Email address
b) Telephone numbers/ contact number

Technical Data
a) Internet protocol (IP) address;
b) We also track how often you visit and use our website. We do this via email and website cookies and similar tracking technology built into our website. Please see our cookie statement for further details.

Profile Data
a) Your interests, preferences, feedback and survey responses;
b) Profile image;
c) About (mentioned in resume);

Usage Data
a)Information about how you use our website, products and services;
b)Information on what you view, click on access by way of our emails and text messages, website and mobile.

Marketing and Communications data
We do not collect any personal data for marketing purposes. However, we may ask you to leave a review or take a survey for providing you better services. We may also collect your personal data for responding to your queries and comments, social media posts and questions/ queries.

Aggregated Data (sometimes referred to a pseudonymised data)
We also collect, use and share aggregated data (sometimes referred to a pseudonymised data) such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in the applicable law (s) as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this data privacy statement.

Special Category of Personal Data
We do not collect, store and use the following “special categories” of more sensitive personal data regarding you such as-
a) Information about your race or ethnicity, religious beliefs and sexual orientation;
b) Information about your health, including any medical condition, health and sickness records, medical records and health professional information;
c) Any criminal records information in relation to you, and
d) Biometric information about you, for example fingerprints, retina scans.

Our intent is not to collect or process any special category of personal data about you, unless required by applicable laws. However, in certain circumstances, we may need to collect, or request your special category of personal data for employment related purposes via Resume shared, for example, data regarding your hobbies and preferences, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws and for government reporting obligations.

How and why do we use your personal data?

We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:
a) The processing is necessary for reasons of substantial public interest, or for official purposes or requested for or by the Central Bureau of Investigation (CBI), police or governmental authorities on a lawful basis;
b) It is necessary for the establishment, exercise or defense of legal claims, for the purposes of carrying out the obligations and exercising our or your rights in the field of employment, social security and social protection law; or
c) Based on your explicit consent;
d) Where we need to perform the contract we have entered into with you;
e) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
f) Where processing is necessary in order to protect the vital interests of the data subject or of another natural person.

Legitimate Interest
a) Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience;
b) We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests;
c) We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by laws).
d) We may also use your personal data in the following situations, which are likely to be rare:

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

Purpose/ activity, type of data and lawful basis for processing

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

However, we normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in the legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In certain cases, we may also have legal obligations to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another data subject.

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

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To manage our relationship with you which will include:
a) Notifying you about changes to our terms or privacy statement
b) Asking you to leave a review or take a survey
c) Responding to your queries and comments, social media posts and questions.
a) Identity
b) Contact
c) Profile
a) Performance of a contract with you
b) Necessary to comply with a legal obligation
c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
d) Your consent
a) To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) a) Identity
b) Contact
c) Technical
a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
b) Necessary to comply with a legal obligation
a) To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you a) Identity
b) Contact
c) Profile
d) Usage
e) Technical
a) Necessary for our legitimate interests (to study how customers use our products/ services and to develop them)
a) To use data analytics gathered from our website to improve our website, products/services, marketing, customer relationships and experiences a) Technical
b) Usage
c) Aggregated Data
a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant)
a) To make suggestions and recommendations to you about goods or services that may be of interest to you a) Identity
b) Contact
c) Technical
d) Usage
e) Profile
f) Aggregated Data
a) Necessary for our legitimate interests (to develop our products/services)
a) To power our security measures and services in order to protect you and our business a) Identity
b) Technical
c) Usage
a) Necessary for our legitimate interest so you can safely access our website and mobile applications.

If we ask you to provide any other personal data not described above, then the personal data we will ask you to provide, and the reasons why we ask you to provide the personal data, will be made clear to you at the point we collect your personal data.

However, we may also use your personal data for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable laws.

Change of purpose

We will only use your personal data 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 data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details provided.

Who does Nihilent share my personal data with?

On occasion we may have to share your personal data with the parties set out below for the purposes set out.

Internal Third Parties
Companies, brands and businesses within our group. For example, we’ll share information from our website at www.nihilent.com with the internal third parties, having similar arrangements between our other online businesses. This is because we hope to have a relationship with you across all our different brands and businesses, if not now, then sometime in the future and we want to be able to provide you with the same value for money and high quality experience for the services provided to you by us. It’s also the only way we can provide you with the best benefits.

External Third Parties
a) Regulators and other authorities: acting as processors or joint controllers based in India who require reporting of processing activities in certain circumstances.
b) With social media companies such as Facebook, Twitter and LinkedIn: who run promotions for you on their platforms;
c) Any new business partners: we may have over time, for example, in the event of a joint venture, reorganization, business merger or sale that affects us.
d) The Police, local authorities, the courts and any other government authority: if they ask us to do so (but only if our doing so is lawful).
e) Other people who make a ‘data subject access request’: where we are required to do so by law.
f) We may also share the information we collect where we are legally obliged to do so, e.g. to comply with a court order.
g) Social media, blogs, reviews, etc.
h) Any social media posts or comments you send to us: (on the Nihilent Facebook page, for instance) will be shared under the terms of the relevant social media platform (e.g. Facebook, Twitter and LinkedIn) on which they’re written, and could be made public. Other people, not us, control these platforms. We’re not responsible for this kind of sharing. Before you make any remarks or observations about anything, you should review the terms and conditions and privacy policies of the social media platforms you use. That way, you’ll understand how they will use your information, what information relating to you they will place in the public domain, and how you can stop them from doing so if you’re unhappy about it. It’s worth remembering too that any blog, review or other posts or comments you make about us, our products and services on any of our blogs, reviews or user community services will be shared with all other members of that service and the public at large. You should take extra care to ensure that any comments you make on these services, and on social media in general are fit to be read by the public, and are not offensive, insulting or defamatory. Ultimately, you are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
i) Third parties: to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy statement. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers
We share your personal data within the Group on need to know basis with confidential obligation mentioned here in. This may involve transferring your data outside the European Economic Area (EEA).

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use providers based in the US, we may securely transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on how we transfer your personal data out of the EEA.

A list of third countries and international organization to whom personal data may be shared can be made available by contacting our DPO.

How we protect your personal data?

We use appropriate technical and organizational measures to protect the personal data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data.

A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider. Where it’s within our control, we put measures in place to ensure this ‘in flight’ data is as secure as it possibly can be.

Sensitive data like, Passwords are protected for data in transit by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. Network security solutions like firewalls and / or network access control to secure the networks used to transmit data against malware attacks or intrusions.

We use secure means to communicate with you where appropriate, such as ‘https’ and other security and encryption protocols.

If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here.

How long will we keep your personal data?

To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it for in the first place. After that we will either delete it or anonymize it so that it cannot be linked back to you.

We retain personal data we process where we have legitimate interest, performance of the contract, vital interest of data subject or of another natural person, performance of a task carried out in the public interest or in the exercise of official authority vested or for the purposes of satisfying any legal, accounting, or other regulatory reporting requirements or with your consent.

By law we have to keep basic information about our customers (including contact and identity data) for 5 years after they cease being customers for legal purposes.

Automated Decision Making

Automated decisions are decisions concerning you which are made automatically on the basis of a computer determination (using software algorithms), without human intervention. We do not use automated decision making.

What are your data protection rights?

Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes by keeping your details up to date on our website.

Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
a) Request access: To your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
b) Request rectification: Of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
c) Request erasure: Of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
d) Object to processing: Of your personal data 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 data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal data.
e) Request the restriction of processing: Of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  1. if you want us to establish the data’s accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
f) Request for portability: Of your personal data to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
g) Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
h) Right to lodge a complaint with a Supervisory authority: In case you consider that the processing of your personal data infringes any of your rights or provisions related to the laws and regulations in scope.

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

Time limit to respond
We try to respond to all legitimate requests within 30 – 45 days. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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 data is not disclosed to any person who has no right to receive it.

We may also contact you to ask you for further information in relation to your request to speed up our response.

If you wish to exercise any of the rights set out above, please contact us at DPO@nihilent.com

Indemnity and Limitation of Liability

You agree to defend, indemnify and hold harmless Nihilent, its officers, directors and employees from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable legal fees and costs, arising out of or in any way connected with your access to or use of this site.

Although the company shall make every attempt to keep the Website free from viruses, it cannot guarantee that it is virus/ malware free. For your own protection, you should take necessary steps to implement appropriate security measures and utilize a virus scanner before downloading any information from the website.

The company, its directors and employees, shall not be liable in any manner whatsoever for any direct, indirect, incidental, consequential, or punitive damage resulting from the use of, access of, or inability to use the information available on the Website or the services provided by the company. The company, its directors and employees shall not be liable in any way for possible errors or omissions in the contents in the Website.

Intellectual Property Rights

All information on this website is protected by copyright and other intellectual property rights. No images, text or other content from this website may be distributed or reproduced without the prior written approval from the company.

Changes to this data privacy statement

We may update this data privacy statement from time to time in response to emerging legal, technical, contractual, regulatory or business developments. When we update our data privacy statement, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material privacy statement changes if and where this is required by applicable laws.

You can see when this privacy statement was last updated by checking the “Last Modified” date displayed at the end of this privacy statement.

If you have any questions about this privacy statement, please contact the DPO at DPO@nihilent.com

Last modified: 16th July 2019

Recruitment Privacy Statement

Introduction

Nihilent Limited (hereafter referred to as “we” or “our” or “us” or “Nihilent” or “organization” or “company”) has issued this data privacy statement to describe how we handle personal data of the applicants (hereafter referred to as “You” and “Your”) for permanent and temporary positions at Nihilent.

We respect the data privacy rights of individuals and are committed to handling personal data appropriately and in accordance with applicable laws. It is important that you read this data privacy statement carefully as it sets out how we handle your personal data when you apply for a job or other role with us and the rights you have in connection with that data collected. The term “applicants” is used in this data privacy statement to refer to anyone who applies for a job role, or who otherwise seeks to work with or for us (whether on a permanent or temporary basis).

Definitions

  1. Data Subject – An identified or identifiable living individual natural person.
  2. Personal Data – Any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that data subject.
  3. Processing – Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  4. Special category data– Special category of personal data: data that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or data concerning your health / sex life.
  5. Contingent workers – Contingent workers means non-permanent workers including agents, consultants, independent contractors, sub-contractors, temporary workers, professional advisors, interns and those affiliated with third parties.
  6. Controller – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
  7. Processor – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  8. Joint controller – Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers.
  9. Group company (Group) – includes a holding company, subsidiary, associate company (including a joint venture company) and a subsidiary of a holding company to which the company is also a subsidiary.

If you have any questions or concerns about our processing of your personal data, then please contact us using the contact details provided.

What does Nihilent do?

Nihilent is a global consulting and services company using design thinking approach to problem-solving and integrated change management. Nihilent provides a comprehensive range of process and technology-led transformation services leveraging advanced analytics, artificial intelligence, block chain, business intelligence, data science, cloud services, IoT, and machine learning. We focus these services to Banking, Financial Services, Insurance, Retail, Supply Chain & Manufacturing, Media and Entertainment, and Healthcare organizations. Nihilent has a significant presence in India, USA, UK, Australia, and South Africa. For more information about Nihilent, please see the “About us” section on the Website at https://www.nihilent.com/about-us/

Data Protection Officer

Nihilent has appointed a Data Protection Officer (DPO) for you to contact if you have any questions or concerns about the Nihilent personal data policies or practices. If you have any questions or concerns about this data privacy statement or how we handle your personal data, please contact the DPO at DPO@nihilent.com Nihilent’ s DPO name and contact information are as follows:

Mr. Abhay Ghate (Data Privacy Officer)
Nihilent Ltd.,
4th Floor, ‘D’ Block, Nagar Road,
Weikfield It Citi Infopark,
Maharashtra, Pune – 411014.
DPO@nihilent.com
Tel: +91(20) 3984 6100

What personal data does Nihilent collect and why?

Personal Data collected from you
The types of personal data we collect and process when you apply for a role with Nihilent includes (but is not limited to):

  1. Identification data and contact details – such as your name, address, email address, phone number, photograph and other contact information, gender, date of birth, nationality/ies, national identifiers (such as Aadhaar, passport, driving license number, PAN card number);
  2. Background information – such as academic / professional qualifications, details included in your CV / resume (which might include details of any memberships or interests constituting “special category of data”, a term which we define below), criminal records data (for verification purposes, where permissible and required in accordance with applicable law);
  3. Previous applications / roles – such as data relating to previous applications you have made to us. This could include data on any previous employment history with us or Group;
  4. Other data you voluntarily provide – throughout the process, including through assessment centers/ exercises, social interaction, meetings and interviews.

Generally, during the recruitment process, we intent not to collect or process any special category of personal data: data that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or data concerning your health / sex life unless required by applicable laws or where necessary to comply with applicable laws.

However, in certain circumstances, we may need to collect or request on a voluntary disclosure basis, special category of personal data for legitimate purposes: for example, data about your racial / ethnic origin, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws and for government and regulatory reporting obligations, where applicable. Another example where we might request voluntary disclosure of special category of data is about your physical or mental condition and data collected during your health check-up so that we can consider how we might accommodate you during the recruitment process and / or subsequent job role if we do recruit you.

You may provide, on a voluntary basis, other special category of personal data during the recruitment process, for example your CV may state that your interests include activities involving a particular religious group or a group which espouses particular political of philosophical views.

Personal data collected from other sources

  1. References provided by referees;
  2. Other background data provided or confirmed by academic institutions and training or certification providers;
  3. Criminal records data obtained through criminal records checks. (We will not carry out such checks without your explicit consent unless required for any legitimate purpose or lawful processing);
  4. Data provided by recruitment or executive search agencies;
  5. Pre-employment health checkup performed only for Indian applicants/employees where data is provided by diagnostic centres/pathological labs and
  6. Data collected from social networks and social media platforms.

Personal Data that we collect automatically
Our cookie statement and data privacy statement is available on the website and will inform you about how we collect certain personal data automatically from your device when you visit our website.

We collect and process the personal data for:

We collect and process the personal data for recruitment purposes, in particular, to determine your qualifications for employment and to reach a hiring decision. This includes assessing your skills, qualifications and background for a particular role, verifying your data, carrying our reference checks or background checks (where required) and generally to manage the hiring process and communicate with you about it.

If you are accepted for a role at Nihilent, the data collected and processed during the recruitment process will form part of your ongoing staff member record and will be processed in accordance with our data privacy statement.

If you are not successful, we may still keep your personal data to allow us to consider you for other suitable openings within Nihilent or other Group companies in the future unless you request that we delete your personal data. We will hold onto such data until we destroy it which is securely in accordance with our local data retention practice.

Change of Purpose

We will only use your personal data for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details provided.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the lawful basis which allows us to do so.

Legal basis for processing personal data

Our legal basis for processing your personal data as part of the recruitment process is:

  1. aour legitimate interests (which are not overridden by your data protection interests or fundamental rights and freedoms, particularly taking into consideration the safeguards that we put in place);
  2. to comply with applicable immigration and / or employment laws and regulations and legal obligations;
  3. to take steps prior to entering into an employment contract with you, where you are considered for employment;
  4. where processing is required for your vital interest of another data subject;
  5. in circumstances where we have made the data public or tasks carried out in public interest;
  6. where we have your consent to do so. Where we have requested your consent to process your personal data, you have the right to withdraw your consent.

If we request you to provide personal data to comply with any legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal data).

Who does Nihilent share my personal data with?

We allow access to your personal data only to those who require such access to perform their tasks and duties, and to contingent workers who have a legitimate purpose for accessing it. Whenever we allow a contingent worker to access personal data, we will implement appropriate measures to ensure the data is used in a manner consistent with this data privacy statement and ensure that the confidentiality, availability and integrity of the data is maintained.

a) Transfers to other group companies
We may share your personal data with other Group companies as part of our recruitment processes. Where we do share personal data with other Group companies this will include sending your personal data outside European Union.

b) Transfers to contingent workers

We may make certain personal data available to contingent workers who provide services relating to the recruitment process to us:

  1. recruitment or executive search agencies involved in your recruitment;
  2. background checking or other screening providers (with your consent) and relevant local criminal records checking agencies;
  3. shared services and recruitment platform providers, IT developers and support providers;
  4. contingent workers who provide support and advice including in relation to legal, insurance, health and safety, security and/ reporting issues.

We may also disclose your personal data to contingent workers on other lawful grounds, including:

  1. Where we have your consent to do so. Where we have requested your consent to process your personal data, you have the right to withdraw your consent;
  2. To comply with legal obligations, including where necessary to abide by applicable laws, regulations or contractual obligations, or to respond to a court order, administrative or judiciary processes, including, but not limited to, a subpoena, government audit or search warrant;
  3. In response to lawful requests by public authorities or government agencies (including for tax, immigration, health and safety, national security or law enforcement purposes);
  4. Where necessary to protect your vital interests or of another data subject
  5. As necessary to establish, exercise or defend against potential, threatened or actual legal claims or litigations;
  6. In connection with the sale, assignment or other transfer of all or part of our business.

c) Transfers to third countries and international organisations

Your personal data may be transferred to, and processed in, countries other than the country in which you reside or your data was collected. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Our group companies, contingent workers may operate around the world. This means that when we collect your personal data we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal data will remain protected in accordance with this data privacy statement. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal data between our group companies, which require all group companies to protect personal data they process from the EEA in accordance with European Union data protection law

We have implemented similar appropriate safeguards with our contingent workers and further details can be provided upon request.

A list of third countries and international organization to whom personal data may be shared can be made available upon request to DPO.

How does Nihilent keep my personal data secure?

We use appropriate technical and organizational measures to protect the personal data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data

Sensitive data like, Passwords are protected for data in transit by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. Network security solutions like firewalls and / or network access control to secure the networks used to transmit data against malware attacks or intrusions.

We use secure means to communicate with you where appropriate, such as ‘https’ and other security and encryption protocols.

If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here.

How long does Nihilent keep my personal data?

We retain personal data we process where we have legitimate interest, performance of the contract, vital interest of data subject or of another natural person, performance of a task carried out in the public interest or in the exercise of official authority vested or for the purposes of satisfying any legal, accounting, or other regulatory reporting requirements or with your consent.

When any of the above requirement cease to exist, we will either delete or if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible. Personal data will be stored in accordance with applicable laws and kept as long as needed to carry out the purposes described in this data privacy statement or as otherwise required by applicable laws.

Automated Decision Making

Automated decisions are decisions concerning you which are made automatically on the basis of a computer determination (using software algorithms), without human intervention. We do not use automated decision making.

What are your data protection rights?

Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes by keeping your details up to date on our website.

Your rights in connection with personal data
Under certain circumstances, by law you have the right to:

  1. Request access: To your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  2. Request rectification: Of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
  3. Request erasure: Of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  4. Object to processing: Of your personal data 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 data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal data.
  5. Request the restriction of processing: Of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    1. if you want us to establish the data’s accuracy;
    2. where our use of the data is unlawful but you do not want us to erase it;
    3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  6. Request for portability: Of your personal data to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  7. Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  8. Right to lodge a complaint with a Supervisory authority: In case you consider that the processing of your personal data infringes any of your rights or provisions related to the laws and regulations in scope.

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

Time limit to respond

We try to respond to all legitimate requests within 30 – 45 days. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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 data is not disclosed to any person who has no right to receive it.

We may also contact you to ask you for further information in relation to your request to speed up our response If you wish to exercise any of the rights set out above, please contact us at DPO@nihilent.com

Changes to this data privacy statement

We may update this data privacy statement from time to time in response to emerging legal, technical, contractual, regulatory or business developments. When we update our data privacy statement, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material data privacy statement changes if and where this is required by applicable laws.

You can see when this data privacy statement was last updated by checking the “Last Modified” date displayed at the end of this data privacy statement.

Last Modified: 16 July 2019


Nihilent > Privacy Statement
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