GDPR CANDIDATE PRIVACY NOTICE
1. INTRODUCTION
The XR family of affiliated companies, which includes but is not limited to XR Trading Europe LLP and XR Trading LLC (hereinafter referred to as “XR”, “we”, “us” or “our”) is a “data controller” for the purposes of the General Data Protection Regulation ((EU) 2016/679) (“GDPR”). This means that we are responsible for deciding how we hold and use Personal Data about you.
You are being sent a copy of this privacy notice (“Candidate Privacy Notice”) because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your Personal Data will be used, namely for the purposes of the, recruitment process, and how long your Personal Data will usually be retained for. It also provides you with certain information that must be provided to you under the GDPR, including the legal basis for Processing your Personal Data as part of your application for employment.
2. DEFINITIONS
For the purpose of this Candidate Privacy Notice:
“Data Subjects” means and may include, but are not limited to: customers, clients, current and former employees, job applicants, agency, contract and other staff, suppliers and marketing contacts;
“Personal Data” means any information relating to Data Subjects. Personal Data includes identifiers such as names, addresses, IP addresses, identification numbers, and location data;
“Processing” or “Process” means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Special Categories of Personal Data” includes information about a person’s racial or ethnic origin, physical or mental health or condition, criminal offences, or related proceedings.
3. LEGAL BASIS FOR COLLECTING YOUR PERSONAL DATA
We are able to legally collect and use your Personal Data because collecting and using your Personal Data is necessary for us to:
4. DATA PROTECTION PRINCIPLES
We will comply with data protection law and principles, which means that your Personal Data will be:
(a) Used lawfully, fairly and in a transparent way;
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
(c) Relevant to the purposes we have told you about and limited only to those purposes;
(d) Accurate and kept up to date;
(e) Kept only as long as necessary for the purposes we have told you about; and
(f) Kept securely.
5. THE KIND OF INFORMATION WE HOLD ABOUT YOU
In connection with your application for work with us, we will collect, store, and use the following categories of Personal Data about you:
(a) The information you have provided to us for example in your CV and covering letter.
(b) The information you have provided on our application form, including name, title, home address, telephone number, personal email address, date of birth, gender, compensation history, employment history, education history, criminal record history, qualifications and right to work in the UK,
(c) Any information you provide to us during an interview or at any other stage of your application, including the fulfilment of any assessments that you performed during the interview process.
6. HOW IS YOUR PERSONAL DATA COLLECTED?
We collect Personal Data about candidates from the following sources:
(a) You, the candidate;
(b) Recruitment agencies, from which we collect the following categories of data: Contact information (e-mail, phone number, and addresses), employment history, education history, compensation history, and role & compensation expectations.
7. HOW WE WILL USE INFORMATION ABOUT YOU
We will use the Personal Data we collect about you to:
(a) Assess your skills, qualifications, and suitability for the role;
(b) Carry out background and reference checks, where applicable;
(c) Communicate with you about the recruitment process;
(d) Keep records related to our hiring processes; and
(e) Comply with legal or regulatory requirements.
8. IF YOU FAIL TO PROVIDE PERSONAL DATA
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully or in a timely manner.
9. HOW WE USE SPECIAL CATEGORIES OF PERSONAL DATA
If provided, by you, the candidate, we will use your Special Categories of Personal Data in the following ways:
(a) We will use information about any disability or health condition you may have to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during an assessment or interview or in our communication to you.
(b) We have in place an appropriate policy document and safeguards, which we are required by law to maintain when Processing such data.
10. AUTOMATED DECISION-MAKING
You may be subject to decisions that will have a significant impact on you based solely on automated decision-making.
11. DATA SHARING
We will only share your Personal Data with the following third parties for the purposes of processing your application: our relevant XR staff, and a search firm if applicable. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your Personal Data in line with our policies. 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.
12. DATA SECURITY
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only Process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
13. DATA RETENTION
We will retain your Personal Data for a period of 24 months after we have communicated to you our decision about whether to appoint you to a role. We retain your Personal Data for that period in case there are further job opportunities in the near future or so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your Personal Data in accordance with applicable laws and regulations.
14. YOUR RIGHTS IN CONNECTION WITH PERSONAL DATA
Under certain circumstances, by law you have the right to:
(c) 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;
(d) 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;
(e) 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 (see below);
(f) 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;
(g) Request the restriction of Processing of your Personal Data. This enables you to ask us to suspend the Processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for Processing it;
(h) Request the transfer of your Personal Data to another party; and
(i) If you want to review, verify, correct or request erasure of your Personal Data, object to the Processing of your Personal Data, or any reasonable request that we transfer a copy of your Personal Data to another party, please contact xrdatamanager@xrtrading.com in writing.
15. RIGHT TO WITHDRAW CONSENT
When you applied for this role, you may have provided consent to us Processing Special Categories of your Personal Data for the purposes of the recruitment exercise such as medical information relating to a disability. You have the right to withdraw your consent for Processing for that purpose at any time. To withdraw your consent, please contact xrdatamanager@xrtrading.com. Once we have received notification that you have withdrawn your consent, with a reasonable amount of Processing time, we will no longer process your application and, subject to our retention policy, we will dispose of your Personal Data securely.
16. FURTHER QUESTIONS
If you have any questions about this Candidate Privacy Notice or how we handle your Personal Data, please contact xrdatamanager@xrtrading.com. You have the right to make a complaint at any time to the relevant authority:
United Kingdom: Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues.
XR TRADING NETHERLANDS
JOB APPLICANT PRIVACY NOTICE
1. INTRODUCTION
This Privacy Notice applies to XR Trading EU B.V.’s processing of personal data related to job applicants.
In this Privacy Notice we describe who we are, how and for which purposes we process your personal data, how you can exercise your privacy rights and all other information that may be relevant to you.
If, after reading this Privacy Notice, you have any remaining questions about our use of your personal data, you can of course always contact us through the contact details provided below.
Note that this Privacy Notice may be changed over time. The most up-to-date Privacy Notice is published on April 29, 2021
2. WHEN DOES THIS PRIVACY NOTICE APPLY?
This Privacy Notice is applicable to the processing by XR Trading EU B.V. of all personal data related to individuals who apply for a job at XR Trading EU B.V. (Job Applicants).
3. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?
XR Trading EU B.V. and XR Trading LLC are the data controllers for the processing of your personal data.
4. WHICH PERSONAL DATA DO WE PROCESS OF YOU?
XR Trading EU B.V. and XR Trading LLC will collect and process the following categories of personal data from you as a job applicant:
5. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
5.1 To inform you and communicate with you with regard to your employment or job application
If you have shown interest in a position at XR Trading EU B.V., we store your personal data in our recruitment database. We use the data in this database to communicate with you and to determine whether your qualifications and profile meet the requirements of the specific vacancy. We may invite you for recruitment activities, such as interviews, or inform you about new vacancies which may be relevant to you.
We process your personal data for this purpose on the basis of your consent when you provide us with your personal data.
5.2 To assess and evaluate you during the recruitment procedure
As part of our recruitment procedure, we may perform assessments to assess your skills and knowledge based on the vacancy you applied for. We may also, in line with applicable law, conduct a background screening in order to evaluate whether you are eligible for a role at XR Trading EU B.V.
We process your personal data for this purpose on the basis of our legitimate interest.
5.3 To enter into an employment contract for services with you
If we offer you a position at XR Trading EU B.V., we will process your personal data to prepare and process an employment agreement. We use your personal data for the drafting and execution of your employment agreement. We will then also store your personal data in our HR database. Note that once you are offered a position at XR Trading EU B.V., our Employee Privacy Notice will apply to the processing of your personal data as an employee.
We process your personal data for this purpose because it is necessary for entering into an employment contract with you.
5.4 To answer your questions
If you get in touch with us at XRRecruitingTeam@xrtrading.com or to any of the XR employees email addresses we will use your personal data in order to reply and answer your question(s).
We process your personal data for this purpose on the basis of your consent and our legitimate interest.
6. WITH WHO DO WE SHARE YOUR PERSONAL DATA?
We may share personal data about you with third parties, such as business partners, service providers, and/or vendors who help us execute our business. For example, we may use a recruitment agency to help facilitate our recruitment process or use, where applicable, an external vendor for the performance of assessments or background screenings.
When third parties are given access to your personal data in line with the above, we take required contractual and organisational measures to ensure that your personal data are processed only to the extent that such processing is legitimate and necessary. We will take reasonable steps to ensure that third parties will only process your personal data in accordance with those measures and applicable law.
If your personal data are transferred to a third party in a country that does not provide an adequate level of protection for personal data, we will, where required, take measures to ensure that your personal data are adequately protected.
7. HOW ARE YOUR PERSONAL DATA SECURED?
We have taken adequate safeguards to ensure the confidentiality and security of your personal data. Where applicable, we have implemented appropriate technical, physical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access.
8. HOW LONG ARE YOUR PERSONAL DATA RETAINED?
Your personal data will be removed when your personal data are no longer necessary for the purposes as included in this Privacy Notice or after we have met the legal obligations for data retention, whichever applies.
In most cases, we will delete your personal data four weeks after your recruitment procedure has ended. With your consent, however, we may retain your personal data for a period of up to one year after your recruitment procedure has ended, in order to inform you about new vacancies which may be relevant to you.
9. HOW CAN YOU EXERCISE YOUR PRIVACY RIGHTS?
You have the right to request access of an overview of your personal data, and under certain conditions, rectification and/or erasure of personal data. In addition, you may also have the right of restriction of processing concerning your personal data, the right to object to processing as well as the right to data portability.
To invoke any of your data subject rights, please contact us by using the contact details at the bottom of this Privacy Notice. Please keep in mind that we may ask for additional information to verify your identity before being able to handle your request.
If you have given your consent to a certain purpose listed in this Privacy Notice, note that you can withdraw your consent at any time. Should you wish to do so, you can contact us by using the contact details at the bottom of this Privacy Notice.
Note that you also have the right to lodge a complaint with your local data protection supervisory authority when you have a complaint about the use of your personal data by XR Trading EU B.V. For example, if you believe that we do not handle your personal data carefully, or because you have sent us a request to access or rectification of your personal data and you are not satisfied with our reply or we did not reply in a timely manner.
10. HOW CAN YOU CONTACT US?
If, after reading this Privacy Notice, you have any additional questions or concerns about how we process your personal data, please contact sarah.hoitsma@xrtrading.com