Your data matters

Employee Privacy Policy

Werkfolio (“we”, “us”, “our” or “Werkfolio”) is committed to respecting your privacy and handling your personal information according to applicable privacy and data protection laws around the world. This privacy notice together with the online privacy policy of Werkfolio, describes what information we process about you, how we use this information and what your rights are.

The Employee Privacy Notice applies to the processing of your information as an employee of Werkfolio. The processing of your information is subject to the requirements of applicable privacy and data protection laws in your country.

1. What Information Werkfolio Processes About You

We collect and process information about you primarily for managing our employment relationship with you, including information that you may provide at the pre-contractual stage, through the duration and completion of the agreement, and also at the end of the employment relationship with us, insofar as permitted or required by applicable law.

Identification information such as full name, addresses, email addresses, phone numbers, birth date, national identification number, gender, marital status, nationality, country employee will be working from, copy of national identification document, tax information;

Employment information such as job position, employment status and type, terms of employment, employment agreement, salary, benefits, leaves, expenses, share plan information and other job details;

Compliance documentation, such as employment history, education documents, work permit, visa information;

Information regarding the usage of the Werkfolio Platform, such as technical connection data (IP address, location, logs, etc.);

Talent management information such as details contained in job applications, resume/CV, information obtained from job interviews, previous employment background, educational history, professional qualifications, language and other relevant experience and skills, training courses completed;

Financial information such as payment card number, expiration date, security code and billing address, transactions, payments to and from your accounts with us;

Personal Information revealing political opinions, religious or philosophical beliefs;

Personal Information concerning the exercise of public functions and political offices, activities and trade union tasks as well as personal data concerning the deductions for the payment of the trade union service fees or the subscription fees to associations or political or trade union organizations; and

Health-related information that refers to illness or injury, sick leaves, medical certificates or documentation substantiating the need for absence, disabilities, infirmity, accidents, expositions to risk factors, physical and mental fitness to perform specific tasks; and

Personal information relating to criminal records and ongoing criminal procedures.

The categories above include information that we have collected and processed about you in the past 12 months. This information has been shared in the past 12 months with third parties and for business purposes as identified below.

The categories of personal information processed by Werkfolio as described above may include "Sensitive Personal Information" or "Special Categories of Personal Data" as defined under applicable data protection laws. Werkfolio does not use or disclose this type of personal Information for any purpose other than to provide you with our services, as permitted by the applicable data protection laws.

The categories of personal information we collect may vary per country. You can view which information Werkfolio has collected on you on your Werkfolio platform account.

2. How is your Personal Information Collected?

Werkfolio collects your personal information in the following ways:

• Personal information submitted directly by you during the hiring process and across the employment relationship;
• Personal information provided by a client;
• Personal information collected from the Werkfolio systems and applications;
• Personal information collected during the payment process;
• Personal information collected from applying/processing/maintaining an employee’s visa, work permit, residence permit, or other immigration matters;
• Personal information collected by government, law enforcement agencies, authorities and regulatory bodies; and
• Personal information collected by third parties, such as pension providers, healthcare providers;

3. Why Do We Process Your Information?

The processing of your personal information will be subject to all applicable data protection laws and regulations, and processed for the following purposes and legal bases of processing, where applicable under data protection law.

Purposes for which we use your personal information / Its Legal Basis:

• Management of the employment agreement with you and more specifically: Completing the recruitment and hiring; Executing the employment agreement, including but not limited to providing benefits, payroll; Controlling productivity and assessing performance; anaging any travel undertaken for the performance of the duties conferred, including the contracting of accommodation, transport and any associated formalities, such as the processing of visas or administrative formalities with the place of destination.

Where it is necessary for performing the contract, we have entered into with you.

• Compliance with legal and regulatory obligations and specific tasks established by the applicable laws, regulations or collective agreements, including but not limited to compliance with: Labor law obligations, including the establishment, management and termination of the employment contract, as well as the recognition of facilitations, Tax laws, Social security and insurance laws, Health and safety requirements in employment or for the general welfare of the population, Trade union obligations, Financial obligations around the payment of salaries, checks, awards, other entitlements, donations and benefits. Any other current or upcoming legal obligations.

Where we need to comply with a legal obligation.

• Providing training and development

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in enhancing the skills, knowledge, and professional development of you. This enables you to perform your job duties effectively, contribute to the growth of the organization, and pursue career advancement opportunities.

• Providing technical support, user access management, security, control and business continuity.

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in maintaining the functionality, security, and operational continuity of its systems and facilities. This includes providing technical support, managing user access, ensuring the security of data and resources, and ensuring compliance with applicable regulations.

• Enforcing and protecting Werkfolio's rights in legal proceedings, administrative proceedings, arbitration procedures, and conciliation.

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in safeguarding its legal rights and defending its interests in various legal and administrative contexts. This includes participating in legal proceedings, such as lawsuits or arbitration, to protect its contractual, intellectual property, or other legal rights.

• Fulfilling obligations arising from insurance agreements related to the employer's responsibility for health and safety, professional diseases, or damages caused to third parties during work activities.

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in meeting its obligations under insurance agreements, particularly those related to the employer's responsibility for health and safety. This includes addressing workplace injuries, professional diseases, or damages caused to third parties during the course of work activities, as required by insurance policies and applicable laws.

• Ensuring equal opportunities in working activities.

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in promoting equal opportunities in the workplace. This includes ensuring fair treatment, preventing discrimination, and creating an inclusive work environment that values diversity and supports equal access to employment opportunities.

• Pursuing specific and lawful purposes identified by statutes of associations, organizations, federations, or confederations representing groups of employers or collective agreements regarding trade union assistance to employers.

Where we have a legitimate interest, in this case, Werkfolio has a legitimate interest in complying with obligations or purposes established by relevant associations, organizations, federations, or collective agreements. This may include providing trade union assistance to employers as required by such agreements or complying with specific provisions identified in relevant statutes.

• Managing activities related to transfers of assets, branch of business, acquisitions, mergers, divisions, or other transformations.

Where we have a legitimate interest. In this case, Werkfolio has a legitimate interest in managing corporate activities that involve transfers of assets, branches of business, acquisitions, mergers, divisions, or other transformations. This includes facilitating the smooth transition and integration of businesses, protecting the rights and interests of Werkfolio and its stakeholders, and ensuring compliance with legal and regulatory requirements.

• Publishing on the Werkfolio intranet your name, surname, email address, Werkfolio telephone number and the picture.

Where we have your consent.

• Sharing compliance documents with the client. The client can request access to compliance documentation of yours which is only provided upon your consent.

Where we have your consent.

• The processing of personal data revealing political opinions, and religious or philosophical beliefs is necessary for the purpose of facilitating general employment rights and benefits such as the enjoyment of permits and religious holidays or food service, as well as the exhibition of conscientious objection in the cases permitted by the law.

Where processing is carried out to fulfil our obligations and exercise specific rights in the field of employment.

• The processing of health-related data is necessary for the management of sick leaves, disabilities, accidents, risk factors, and fitness assessments. It is also necessary to comply with legal obligations, ensure employee well-being, and assess fitness for specific tasks.

Where processing is carried out to fulfil our obligations and exercise specific rights in the field of employment and social security and social protection law as well as for the assessment of your working capacity.

• The processing of personal data relating to criminal records and ongoing criminal procedures takes place for the purposes of fulfilling obligations or exercising specific rights in the field of employment law or social security and social protection law and/or for individuals holding positions that require specific guarantees in terms of integrity and professionalism, as mandated by applicable law.

Where it's necessary to fulfil our obligations or exercise specific rights in the field of employment law or social security and social protection law and/or for individuals holding positions that require specific guarantees in terms of integrity and professionalism, as mandated by applicable law.

• The processing of sensitive personal data may also be necessary for the establishment, exercise, or defence of legal claims.

Where we need to establish, exercise, or defend legal claims.

When we need to process your personal information in order to perform the contract, we have entered into with you, the collection of this information is mandatory as the refusal to provide the information would invalidate the employment agreement.

In the event that you provide personal information of third parties, you declare that you have the consent of the third parties when consent is the applicable legal basis, and undertake to provide them with the information contained in this clause.

4. Who May Access Your Personal Information?

From time to time, for the purposes of employment management, payroll processing and the fulfilment of regulatory requirements, Werkfolio may make personal information available to the following categories of public or private organizations, insofar as permitted or required under applicable laws:

• Werkfolio affiliate and parent companies.
• Public uthorities such as tax, employment, and immigration authorities.
• Consultants, advisors, law firms.
• External auditors.
• Trade union organizations.
• Third companies and their professional advisors in case of a merger, division, or any other transfer of all or part of our business.
• The client to whom you perform your employment duties.
• Third-party service providers that provide services on behalf of Werkfolio, such as recruitment providers, payment service providers, payroll providers, insurance providers, healthcare providers, software providers and other benefits providers, identification verification providers, customer support providers.
• When you provide your consent to us to share your information.
• We may share anonymized, aggregate, de-identified information and statistics with academic institutions to perform research or with the public, under controls that are designed to protect your privacy.

5. Is personal information transferred abroad?

To carry out our services and manage our employment contract with you, we may share information globally, both internally and externally with our partners. When personal information is transferred to a country where applicable data protection laws require a legally approved transfer mechanism to be applied, Werkfolio shall ensure these are in place, such as Standard Contractual Clauses.

If you have any questions about international data transfers and safeguards, contact us: info@werkfolio.com

6. What Are Your Rights?

Under applicable privacy laws, you may have some or all of the following rights including:

• You may obtain a copy of your personal information together with information about the data processing;
• You may obtain a portable copy of your personal information, or to have a copy transferred to a third party;
• You may rectify inaccurate or incomplete personal information;
• You may delete your personal information when, among other reasons, the information is no longer necessary for the purposes for which it was collected;
• You may object to the processing;
• You may withdraw consent, where previously given;
• You may limit the use or disclosure of sensitive information;
• You may request to not be discriminated against. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights
• You may opt out of having their personal data collected or processed for the purposes of targeted advertising, sale, or profiling;
• You may appeal. In certain jurisdictions, if we decline to take action regarding a request that you have submitted, we will inform you of our reason for declining to take action and provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this section, you have the right to appeal our refusal to take action, within a reasonable period of time after you receive our decision, under applicable laws.
• You may request data anonymization;
• You may request access to information from public and private entities with whom we have shared your Personal Information;
• You may lodge a complaint with the relevant data protection authority if you consider that Werkfolio has violated the rights recognized by the applicable data protection regulations.

We do not offer an opt-out from the sale of personal information because we do not sell personal information (and have not done so in the last 12 months). We also do not sell any personal information of individuals under the age of 16.

You may exercise any of the above rights or address any questions or concerns about how Werkfolio processes your personal information at info@werkfolio.com. We will then assess and respond to your request to exercise your rights. Please note that some of the above rights are subject to limitations in some situations and that the exercise of the above rights may affect our ability to continue our business relationship with you.

7. Data Retention Period

We will retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, consistent with applicable law. This retention period allows us to comply with our legal obligations, resolve disputes and enforce our agreements. We will not retain your data for longer than is necessary to fulfil the purpose for which it is being processed.

To determine the appropriate retention period, we take into consideration the amount, nature, and sensitivity of your personal information, as well as the purposes for which we process it. We also assess whether we can achieve those purposes through other means. Upon the termination of the retention period, your personal information will be deleted, anonymized, or aggregated.

8. Changes to the Privacy Notice

We may update or change this Privacy Notice from time to time, and we encourage you to check this Privacy Notice periodically.