Data Privacy Policy

INTRODUCTION

HCL Technologies Limited is committed to protecting and securing the privacy and confidentiality of the Personal Data which it collects directly or indirectly from any job applicant (defined as direct applicant(s) or indirect applicant(s) who were referred by third-party human resource staffing agencies or a similar type of establishment). This Notice outlines and explains how HCL Technologies Limited including its subsidiaries, associates and affiliated companies [collectively referred to as “HCL”, “us,” or “we”. HCL act as Data Controller, and how HCL will protect your privacy by processing your Personal Data in accordance with applicable privacy legislation(s).

 

What Does This Notice Cover?

The aim of this Notice is to provide you with information on what Personal Data we process, why we process your Personal Data, how we process your Personal Data including details on the principles we will abide by, as well as informing you of certain rights that you may be able to exercise on your Personal Data. In case of any contradiction between this notice and the local privacy terms, the local privacy terms will take precedence.

In some cases, we may present you an additional Personal Data processing notice, depending on the circumstances as they may exist. Typically, these additional notices would provide requisite information pertaining to, but not limited to, additional purpose(s) for processing of your Personal Data which are not covered under this Notice. Such a notice shall apply only for those respective cases referred to therein and shall not affect the validity of this Privacy Notice.

 

What Personal Data Do We Process?

For the purposes of this Notice, ‘Personal Data’ means any information about you from which you can be identified whether derived from that information on its own or when combined with other information that We or another party may hold about you.

The type of personal data we process is limited to what is needed to engage with you about HCL’s career opportunities, consideration of your application for employment to specific roles at HCL, including candidate screening, interview scheduling and management, lawful background checks, and to on board you if you receive and accept an offer of employment with us.

It may be necessary for you to provide and for HCL to collect your Personal Data which can include the following categories of personal data such as contact details, employment history, academic qualifications, equal opportunities information, interview details etc and sensitive personal data if any. While staying in compliance with applicable law(s) we may also be provided with or source data about you from external sources such as clients and from third party vendors (such as recruitment agencies or background screening vendors).

General Personal Data:

  • Personal data: Including your name, date of birth (including year of birth), country of birth and citizenship, nationality, residency, right to work, gender, Academic passing year, dependent data and marital status and unique identifiers issued by a government or any local governing body.
  • Personal contact data: Including your personal phone number(s), e-mail address and mailing addresses (present or permanent residential address).
  • Professional data: Including your educational background, work experience, , professional certification details.

 

Why we process your Personal Data?

We process your Personal Data for specified and lawful purposes only and in accordance with the applicable data protection laws.

Your information will be used by HCL for the purposes of carrying out its application and recruitment process which includes:

  • Necessary review of your educational and professional background and skills and contacting you if we think you would be suitable for a role with us.
  • Verifying your information and carrying out reference checks and/or conducting background checks (where applicable) if you are offered a job.
  • Administering the contract we have entered into with you.
  • Communications with you about the recruitment process and/or your application(s), including, in appropriate cases, informing you of other potential career opportunities at HCL.
  • Creating and/or submitting reports as required under any local laws and/or regulations, where applicable.
  • Where requested by you, assisting you with obtaining an immigration visa or work permit where required in case of out of home location hiring / deployment.
  • Complying with applicable laws, regulations, legal processes, or enforceable governmental requests; and/or

In exceptional circumstances you may request us to disclose your personal data to third parties or organisations such as a law firm handling a data subject claim on your behalf, or otherwise.
There may also be exceptional circumstances, where you may consent to the processing of your personal data, but only if the consent is truly freely given and unambiguous e.g. consent to publish your photograph on marketing materials. Where consent is used you may withdraw it at any time.
We may also use your personal information in the following situations, which are likely to be rare such as where we need to protect your vital interests or someone else’s interests or it is needed in the public interest or for official purposes.

Further to establishing valid legal ground(s) for processing your Personal Data, we also follow principles of data necessity, proportionality, minimisation and lawfulness, fairness and transparency.

If you are offered and accept employment with HCL, the information collected during the application and recruitment process will become part of your employment record.
We collect and process your information where it is necessary in order to take steps, at your request, prior to potentially entering into a contract of employment with you.

How We Use Your Personal Data?

We process your Personal Data, for the purposes enlisted below. We do not use automated decision-making processes to assess your eligibility for a role

Purpose Legal Basis Categories of recipients with whom We may share your personal data outside of HCL
If your application is successful and you agree to join HCL we need to capture personal data to complete your employment contract.
  • Contract
HCL may use service providers acting on HCL’s behalf to perform some of the services described above including for the purposes of the verification / background checks. These service providers may be located outside the country in which you live or the country where the position you have applied for is located
• HCL may sometimes be required to disclose your information to external third parties such as to 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.
• HCL will also share your personal information with other third parties to detect, prevent or otherwise address fraud, security or technical issues, or as otherwise required by law.
Determining a candidate’s / applicant’s eligibility for employment or engagement which may include
• online assessments,
• interview process
• screening checks
• To offer information and/or services to individuals who visit our web site or offer information about employment opportunities.
• To prevent fraud or criminal activity and to safeguard our IT systems.
• To customize individuals’ online experience and improve the performance, usability and effectiveness of HCL’S online presence.
• To meet our corporate and social responsibility obligations
• To improve our application and recruitment process.
  • for preserving our legitimate interests in properly carrying out hiring and staffing procedures.
  • for preserving our legitimate interests in properly carrying out hiring and staffing procedures
 
To process your personal information in order to comply with a legal obligation,
such as keeping records for tax purposes or providing information to a public body or law enforcement agency
for Legal obligation  
To conduct, and to analyse, our marketing activities. Consent  

How and Why We Share Personal Data

HCL will share your personal data with those who have a legitimate need for it. Whenever we permit a third party to access personal data, we will make sure the data is used in a manner consistent with this notice (and any applicable internal data handling guidelines consistent with the sensitivity and classification of the data). Your personal data may be shared with our subsidiaries and affiliates and other third parties, including service providers, for legitimate purposes as follows:                     

  • In order to carry out the uses of personal data described above (See section titled: How We Use your Personal Data).
  • To enable third parties to provide services to us. Such as, background verification and employee screening agencies;
  • To comply with our legal obligations, regulations or contracts, or to respond to a court order, administrative or judicial process, such as a subpoena, government audit or search warrant. Categories of recipients would include counter-parties to contracts, judicial and governmental bodies;
  • In response to lawful requests by public authorities (such as national security or law enforcement);
  • To seek legal advice from external lawyers and advice from other professional advisers such as accountants, management consultants, etc.;
  • As necessary to establish, exercise or defend against potential, threatened or actual litigation (such as adverse parties in litigation);
  • Where necessary to protect HCL, your vital interests, such as safety and security, or those of another person;

Please note, in some circumstances third parties may qualify as data controllers who process your personal data for their own purposes. Please refer to these data controllers’ privacy notice or statement. Otherwise, all third parties are data processors acting on the instruction of HCL. Wherever We engage a data processor, We require assurances that such data processors have implemented appropriate safeguards and controls in relation to the protection of your Personal Data. In addition to the third parties’ legal obligations, We require that such third parties be also contractually obligated to safeguard your Personal Data. Ongoing oversight is maintained on the relevant processing activities being carried out by the third party.

How Long Do We Retain your Personal Data?

We retain your Personal Data for as long as it is commensurate to the purpose for which it is processed. We may retain your Personal Data for a longer time period, if We are required to do so by as applicable laws or to exercise or defend our legal rights.

We follow a deletion process designed to ensure that your Personal Data is safely and completely removed from our network or retained only in anonymized form. We try to ensure that We protect your information from accidental deletion. Because of this, there could be some delay between when data deletion is initiated and when data is actually deleted from our active and backup systems / network / servers et al.

For unsuccessful applicants we retain your personal data for 2 years only.

Is Your Data Transferred Across International Borders?

HCL is a truly global organisation so your Personal data may be transferred for the any of the above stated purposes to different global locations. These transfers will be undertaken in compliance with applicable law(s) and regulation(s).

What are your rights and how can you exercise them?

Depending on your relationship with HCL you may have a number of rights in relation to your Personal Data as per the respective applicable laws. Please note, these rights are subject to exemption(s) and may not apply in all circumstances.  If you wish to exercise these rights, then HCL will provide you with the requested information or action your request within one month after receipt of your request, subject to any extensions that maybe required and communicated to you. 

To exercise these rights or for more information about your rights, please submit your requests on the Data Subject Request Portal which can be accessed via MyHCL (App Central à Beyond Work) and HCLTech.com (via Online Privacy Statement accessible via link at the footer of each webpage). Alternatively, you can also contact HCL’s Privacy Office via privacy@hcl.com if  in case you have any general query.  

How Do We Safeguard your Personal Data We Have Collected from You?

We implement and maintain appropriate technical, organizational, and physical security measures to protect your Personal Data. These include, but are not limited to:

  • Controlling access to help prevent unauthorised viewing or alteration of your Personal Data
  • Minimising the data sets and/or pseudonymising/anonymising data when We process your Personal Data for the various activities as outlined above
  • Using encryption mechanisms, where appropriate

How Do We Update This Notice?

We may update this Notice from time to time. We will post any updated version of this Notice on the HCL intranet and other relevant portal(s). We may also communicate changes to this Notice to you by email or by other necessary mean(s), if need be.

 

Who can you contact?

Any questions or concerns about the operation of this document should be addressed to the relevant HR personnel / HR Employee Partner.

If you have any concerns about how your Personal Data has been processed then you can contact the Grievance Officer for India (Prashant Yadav) at grievance-india@hcl.comor can contact the Global Privacy Office online via privacy@hcl.com

Annexure A – Definitions:

Applicable Law Local laws applicable to HCL
Employer The local entity which offers employment and/or is demarcated as employer on the employment agreement signed by the employee
Data Controller The entity/person who (either alone or jointly or in common with other entities/persons) determines the purposes for which and the manner in which any Personal Data are or are to be processed.
Data Processor Any person or an entity who processes the data on behalf of the Data Controller
Data Subject Any identified or identifiable living individual natural person.
Personal Data Data or set of data that can identify an individual, such as name, address, telephone number, and email address.
Special Categories of Personal Data Special Categories of Personal Data such as health and/or other medical data, biometric data for uniquely identifying a natural person, information about trade union membership
Third Party Any external body to which personal data is transferred by HCL, in particular if such body is contracted for processing personal data on behalf of HCL or any of its subsidiary or affiliate

Annexure B – Data Subject Rights

Country

Name of Privacy Regulation

Data Subjects Rights

 

 

Australia

 

 

Privacy Act 1988 (Cth) (the “Privacy Act”).

Right to access information

Right to rectification

Right to data portability

Objection to direct Marketing and profiling

Right to have an option to not identify themselves, or use a pseudonym while dealing with an organisation.

 

 

 

India

 

 

Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules (Privacy Rules).

Right to access of information.

Right to withdraw previously provided consent

Right to correction of information

Lodge a complaint with our grievance officer

Right to be Informed

 

New Zealand

 

The Privacy Act 1993

Right to access

Right to be informed

Right to correction of information

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