ClearBank Europe: Privacy notice - external candidates

Our privacy promise

Your privacy is important to ClearBank Europe N.V. ("ClearBank", "we", "us" and "our"). We are committed to protecting your personal data and being transparent about the personal data we hold and use and, wherever possible, giving you control over how we use your personal data, and this is reflected in our policies and procedures. This notice gives you information about how we process your personal data when you apply to work with us.

This notice applies to any individual seeking to be employed or engaged by ClearBank or an individual whose contact details were shared with us for a reference check ("you" and "your").

Please read this notice carefully. Among other things, it explains:

• What personal data we may collect about you in connection with: (i) your potential employment and/or engagement with us; and (ii) any related interaction between you and us;
• How, and why, we process your personal data and the lawful basis or bases by which we process your personal data together with other important information, such as how long we retain your personal data and who we share your personal data with; and
• Your rights in relation to the personal data we hold about you.

We may make changes to our notices and policies from time to time, including as may be necessary or prudent to reflect any changes in the ways in which we process personal data or any changes in laws. Any material changes and updates to this notice (being a change in processing purposes, a change to the identity of the controller, or a change as to how you can exercise your rights in relation to our processing) will be communicated to you and posted on the ClearBank Website (www.clear.bank). 

This notice is intended to be communicated to you in a concise, transparent, intelligible, and easily accessible manner, but we appreciate that you may have queries or want to seek clarification as to its terms. Should you have any questions about this privacy notice, then please email [email protected] and we will endeavour to respond to you as soon as possible. You can also contact our Data Protection Officer (DPO) at:

Email: [email protected]

Telephone: + 31 20 3111 2328

Address:

ClearBank Europe N.V.

Keizersgracht 391 A

1016 EJ Amsterdam

The Netherlands

3.1 The personal data we collect

The type of personal data we process includes (as applicable) the following:

3.2 Sensitive Personal Data / Special Categories of Data

3.2.1    We may process special categories of personal data (also known as sensitive personal data) as described in paragraph 3.8 below.

3.2.2    Information about why we process, and the lawful basis upon which we rely to process, the above personal data is set out in the table at paragraph
3.7 below.

3.3    How Do We Collect Your Personal Data?

3.3.1    We will collect personal data from you directly through your application and the recruitment process (i.e. through application forms, interviews, test scores (if applicable), CVs and references), the onboarding procedure and by completing forms or by corresponding with us by mail, phone, email or otherwise.

3.3.2    We may collect your personal data using AI transcription tools to helps us take notes and have an accurate record of the interview. These AI tools will not be used to provide recommendations on hiring decisions. This data will only be collected with your consent.

3.3.3    We will also obtain personal data from third parties or public sources where we deem this necessary to assess your suitability for the position you apply for, including the following:

3.3.3.1    Workable Software Limited, which provides recruitment management services to ClearBank, or any similar supplier appointed by ClearBank;

3.3.3.2    employment agencies (if applicable);

3.3.3.3    background check providers;

3.3.3.4    former employers, business partners, referees, and educational institutions;

3.3.3.5    credit reference agencies;

3.3.3.6    law enforcement and fraud prevention agencies;

3.3.3.7    regulatory and government bodies such as the Dutch Central Bank (DNB);

3.3.3.8    public registers;

3.3.3.9    third party websites, such as LinkedIn, Facebook, Instagram, or other social media networks; and

3.3.3.10    CCTV cameras and swipe card access systems that operate at our offices.

3.4    The Purposes For Which We Process Your Personal Data

3.4.1    We use your personal data for a number of purposes but only where the law allows us to.

3.4.2    Most commonly, we will process your personal data in any circumstances where such processing is necessary:

3.4.2.1    to consider your application to work with us and your potential employment/engagement with us;

3.4.2.2    to comply with any legal obligation (for example to check your right to work in the Netherlands, to comply with our regulatory obligations as a regulated entity and to prevent fraud); and/or

3.4.2.3    for the purposes of the legitimate interests pursued by us or a third party. These legitimate interests include the purposes identified in the table below at paragraph 3.7 but also include other commercial interests and our internal administrative purposes. Where we rely on legitimate interests as the lawful basis for processing your personal data, we will put in place appropriate safeguards to protect your personal data and to ensure that your interests or fundamental rights and freedoms are not overridden by those legitimate interests.

3.4.3    We may also process your personal data where we have your consent. Where we rely on consent as the lawful basis for processing your personal data, you have the right to withdraw your consent at any time and if you wish to do so, you should contact our Data Protection Officer using the contact details set out in paragraph 3.14.2 below. The withdrawal of consent does not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other lawful grounds.

3.5    We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

3.6    We will process your personal data ourselves or in conjunction with our third- party service providers in accordance with paragraph 3.12.

3.7    Information about the purposes for which we use your personal data, the types of personal data we process to achieve these purposes and the lawful basis by which we process it and the retention periods, is set out in the table below:
 

3.7.1    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.

3.7.2    If we need to use your personal data for an unrelated purpose, we will notify you (which may be by way of an update to this notice) and we will explain the legal basis which allows us to do so.

3.7.3    Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

3.8    How We Use Particularly Sensitive Personal Data And Information Relating To Criminal Convictions

3.8.1    Where necessary for the purposes described above and only where permitted by law, we will process special categories of personal data (also known as sensitive personal data) being:

3.8.1.1    details about your race or ethnicity, religious or philosophical beliefs, sex life and sexual orientation; and

3.8.1.2    information about your health to the extent such information is directly relevant to the position for which you are applying (including any medical condition, disability, health and sickness records).

3.8.2    We will only process sensitive personal data where we are allowed to do so under applicable law or where we have your explicit consent to do so. Where we request your consent, we will provide you with full details of the personal data we wish to process and the reason for processing so that you can carefully consider if you wish to consent. You can withdraw your consent at any time. Please note that we may not always need your explicit consent to process your sensitive personal data and we may also process sensitive personal data where:

3.8.2.1    you have made such personal data publicly known in a clear and obvious way;

3.8.2.2    it is necessary to protect you or another person from harm;

3.8.2.3    the processing is necessary for the establishment, exercise, or defence of legal claims; and

3.8.3    We may in particular use your sensitive personal data in the following ways:

3.8.3.1    we will conduct CCTV at any office premises which will record your physical appearance and may require you to have an access pass with your photo on it, for security purposes;

3.8.3.2    you are required to disclose to us if you cannot perform important parts of the role you have applied for due to an illness or disability. As such, we will use information about your physical or mental health or disability status but only when this is directly relevant for the role you have applied for;

3.8.3.3    we will use information about your gender, race, ethnic origin, age or nationality to ensure meaningful equal opportunity monitoring and reporting, to the extent we are required or specifically allowed to do so under applicable laws; and

3.8.3.4    to comply with our obligations as a regulated entity.

3.8.4    Where we are required to obtain information about your criminal background (as a regulated entity) or where we are otherwise legally entitled to do so in order to ensure that you are suitable for the role as part of the recruitment process, we will request you to provide us with a certificate of good behaviour called a “Verklaring Omtrent Gedrag” or “VOG".  

3.9    Questions And Complaints

3.9.1    We take our data protection obligations seriously. If you have any questions or complaints about this notice, or the way that we handle your personal data, we would appreciate the chance to deal with your concerns in the first instance before you approach the relevant data protection authority. Please contact us using the details provided in paragraph 4 below.

3.9.2    You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the Netherlands is the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) (https://www.autoriteitpersoonsgegevens.nl).

3.10    Automated Decision Making

3.10.1    We do not envisage that any decisions will be taken about you using automated means, however, we will notify you if this position changes.

3.11    What If You Refuse To Provide Us With Any Personal Data?

3.11.1    Where we need to collect personal data by law, or under the terms of a contract we are proposing to enter into with you and you fail to provide that data when requested, we may not be able to consider you for the role you have applied for. This applies in any case to the following categories of data (as specified above): Identity Data, Contact Data, Financial Data and Recruitment Data.  

3.12    Sharing Information With Third Parties

3.12.1    We will not share any of your personal data with third parties except as set out in this paragraph 3.12 or otherwise notified to you or agreed between you and us from time to time. If you apply for a position on the ClearBank website, you will be sharing your personal data with Workable Software 
Limited (established in the UK), or a similar supplier appointed by ClearBank, and that personal data will be processed in accordance with this Notice.

3.12.2    Where necessary for the purposes described above and only where permitted by law, we will share your personal data with the following third parties:

3.12.2.1    Workable Software Limited or any similar supplier of recruitment management services appointed by ClearBank;

3.12.2.2    any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries;

3.12.2.3    employment agencies;

3.12.2.4    DocuSign;

3.12.2.5    former employers, business partners, referees, and educational institutions;

3.12.2.6    credit reference agencies;

3.12.2.7    background screening service providers, to run background and criminal checks including First Advantage Europe Limited (established in the UK) and its affiliates;

3.12.2.8    programmes which provide HR employee management services to manage your personal data, carry out the recruitment process, assist in meeting legal and statutory obligations (such as equal opportunity monitoring) and for health and safety reasons;

3.12.2.9    IT providers such as cloud service providers, disaster recovery management systems, storage back-up providers for ClearBank's critical servers, archive storage providers, cloud storage and file sharing websites;

3.12.2.10    building security who maintain our access systems and CCTV systems;

3.12.2.11    regulatory and government bodies such as the DNB and other law enforcement and fraud prevention agencies; and

3.12.2.12    legal counsel and other professional advisers including accountants and auditors.

3.12.3    We ensure that any third party engaged by us who processes your personal data in connection with the purposes listed above has policies and procedures in place to ensure compliance with data protection laws.

3.12.4    Please note that some of the third parties may be located outside of the EEA. For any third parties that are based or process data outside of the EEA, we engage such third parties in accordance with paragraph 3.13 below.

3.12.5    We may share your personal data with third parties where we are required to do so by law or regulation (such as in connection with an investigation of fraud or other legal enquiry) or in connection with other legal proceedings (including where we believe that your actions violate applicable laws or any agreement with us) or in order to protect our rights, property, or safety of our employee, individual suppliers, customers, or others.

3.12.6    In the event that our business or any part of it is sold or integrated with another business, your details may be disclosed to our advisers and those of any prospective purchaser and will be passed to the new owners of the business. Your personal data will be anonymised where reasonably possible.

3.13    International Transfers Of Personal Data

3.13.1    From time to time, it may be necessary for us to transfer your personal data internationally as required in the course of the recruitment process. However, we will not transfer your personal data outside of the EEA unless:

3.13.1.1    such transfer is to a country or jurisdiction which the EU Commission has approved as having an adequate level of protection;

3.13.1.2    appropriate safeguards are in place in accordance with data protection laws. These safeguards include the use of standard contractual clauses or binding corporate rules (copies of which you may request by contacting our data protection officer); or

3.13.1.3    the transfer is otherwise allowed under data protection laws (including where we have consent, the transfer is necessary for important reasons of public interest, is necessary for the establishment, exercise or defence of legal claims or is necessary for the performance of a contract with the data subject).

3.14    Your Rights As A Data Subject

3.14.1    Subject to any conditions and requirements set out in data protection laws, you may have some, or all, of the following rights in relation to the personal data we hold about you:

3.14.1.1    the right to request a copy of your personal data held by us;

3.14.1.2    the right to correct any inaccurate or incomplete personal data held by us;

3.14.1.3    the right to request that we erase personal data we hold about you;

3.14.1.4    the right to request that we restrict the processing of your data;

3.14.1.5    the right to have your personal data transferred to another organisation;

3.14.1.6    the right to object to certain types of processing of your personal data by us; and

3.14.1.7    the right to complain (please see paragraph 3.9 of this notice).

3.14.2    For further information, or to exercise any particular right, please contact us at [email protected].

3.15    Links To Third Parties

3.15.1    We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any website or platform operated by any third party which is not engaged by ClearBank unless stated otherwise by law. You should check the respective privacy notices before using such website or platform.
 

For the purposes of data protection laws, ClearBank is the data controller of your personal data which means that we are responsible for deciding how we hold and use your personal data.

Our contact details are:

Email: [email protected]

Address: ClearBank Europe N.V.
Keizersgracht 391 A
1016 EJ Amsterdam
The Netherlands

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes or if you become aware that any personal data that we hold is not accurate.

6.1 We will store your personal data for a maximum of 12 months following an unsuccessful application to work for us subject to obtaining your prior consent to retain your personal data, to allow us to contact you for other job opportunities or if we need it to fulfil our legal and regulatory obligations (e.g. relating to record keeping) and to exercise or defend any legal claims. If we employ or engage you, we will store your personal data for as long as your employment and/or engagement continues and then in accordance with our internal policies.

6.2 For as long as we do store your personal data, we follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity, and privacy of your personal data. We limit access to your personal data to those employees, agents, contractors and 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.