Privacy and Data Protection Policy

Purpose and Scope

In its everyday business operations WorkGenius makes use of a variety of personal data, including data about:

• Current, past and prospective employees
• Customers
• Users of and visitors to its websites
• Subscribers
• Other stakeholders

In collecting and using this data, the organization is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

The purpose of this policy is to set out the relevant legislation and to describe the steps WorkGenius is taking to ensure that it complies with it. This control applies to all systems, people and processes that constitute the organization's information systems, including board members, directors, employees, suppliers and other third parties who have access to WorkGenius systems.

Applicable Privacy Legislation

The list below shows the main items of privacy legislation that apply to the countries (or groups of countries) and states within which WorkGenius operates.

• European UnionGeneral Data Protection Regulation (GDPR)
• USA - CaliforniaCalifornia Consumer Privacy Act (CCPA)

WorkGenius has a legal obligation to comply with the provisions of this legislation at all times. Whilst there will be variations in these provisions, this policy establishes the key principles that are commonly required to be observed in such legislation.

Important: Significant fines may be applicable if a breach is deemed to have occurred under the relevant privacy legislation. It is WorkGenius's policy to ensure that our compliance with applicable legislation is clear and demonstrable at all times.

Definitions

The definitions used within privacy legislation vary and it is not appropriate to reproduce them all here. However, the common terms used within this policy are as follows:

Personal data

Any information that (a) can be used to identify the personal data principal to whom such information relates, or (b) is or might be directly or indirectly linked to a personal data principal.

Personal data principal

Natural person to whom the personal data relates. This term is also referred to as data subject.

Processing of personal data

Operation or set of operations performed upon personal data. Examples include collection, storage, alteration, retrieval, consultation, disclosure, anonymization, pseudonymization, dissemination or otherwise making available, deletion or destruction of personal data.

Data Controller

Privacy stakeholder (or privacy stakeholders) that determines the purposes and means for processing personal data other than natural persons who use data for personal purposes.

Data Processor

Privacy stakeholder that processes personal data on behalf of and in accordance with the instructions of a data controller.

Principles Relating to Processing of Personal Data

There are a number of fundamental principles upon which most privacy legislation is based:

1. 01
   Lawfulness, fairness and transparency

   Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the personal data principal.

2. 02
   Purpose limitation

   Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

3. 03
   Data minimization

   The personal data collected and stored shall be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.

4. 04
   Accuracy

   Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate is erased or rectified without delay.

5. 05
   Storage limitation

   Personal data shall be kept in a form which permits identification of personal data principals for no longer than is necessary for the purposes for which the personal data is processed.

6. 06
   Integrity and confidentiality

   Personal data shall be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

Special Categories: Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation shall be prohibited except where lawful exceptions apply.

Rights of the Individual

The personal data principal has rights with regard to their personal data. These rights are supported by appropriate procedures within WorkGenius:

• Right to be informedWhen data is collected or within one month
• Right of accessResponse within one month
• Right to rectificationResponse within one month
• Right to erasureWithout undue delay
• Right to restrict processingWithout undue delay
• Right to data portabilityResponse within one month
• Right to objectOn receipt of objection
• Rights re: automated decisionsAs applicable

If WorkGenius does not take action on a request, we shall inform the personal data principal within one month of the reasons for not taking action. In cases where requests are unfounded or excessive, WorkGenius may charge a reasonable fee or refuse to act on the request.

Lawfulness of Processing

It is WorkGenius policy to identify the appropriate basis for processing and to document it, in accordance with the applicable legislation. The main options are:

Consent

Where appropriate, WorkGenius will obtain consent from a personal data principal to collect and process their data. Transparent information about our usage will be provided at the time consent is obtained. If personal data is not obtained directly from the principal, information will be provided within one month.

Performance of a Contract

Where personal data is required to fulfill a contract with the personal data principal, consent is not required. This will often be the case where the contract cannot be completed without the personal data in question.

Legal Obligation

If personal data is required to comply with applicable law, consent is not required. This may be the case for data related to employment and taxation, for example.

Vital Interests

Where personal data is required to protect the vital interests of the personal data principal or another natural person, this may be used as the lawful basis. WorkGenius will retain documented evidence whenever this reason is used.

Task in Public Interest

Where WorkGenius needs to perform a task in the public interest or as part of an official duty, consent will not be requested. The assessment will be documented and made available as evidence where required.

Legitimate Interests

If processing of specific personal data is in the legitimate interests of WorkGenius and is judged not to significantly affect the rights and freedoms of the personal data principal, this may be defined as the lawful reason. The reasoning will be documented.

Privacy by Design

WorkGenius has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of privacy impact assessments.

The privacy impact assessment will include:

• Consideration of how and what types of personal data will be processed and for what purposes
• Assessment of whether proposed processing is both necessary and proportionate to the purpose(s)
• Assessment of risks to individuals in processing personal data
• Determination of controls necessary to address identified risks and demonstrate compliance

Use of techniques such as data minimization, pseudonymization, and encryption will be considered where applicable, including at the end of processing. Where a data protection impact assessment indicates high risk, WorkGenius shall consult the supervisory authority prior to processing.

Contracts and International Transfers

Contracts Involving Personal Data

WorkGenius will ensure that all relationships involving the processing of personal data are subject to a documented contract that includes the specific information and terms required by applicable legislation.

International Transfers

Transfers of personal data between countries will be carefully reviewed prior to the transfer taking place to ensure they fall within the limits imposed by applicable legislation.

• Where no adequacy decision exists, appropriate safeguards such as standard contractual clauses will be used
• Intra-group international data transfers will be subject to Binding Corporate Rules (BCR)

Data Protection Officer

A defined role of Data Protection Officer (DPO) is generally required under privacy legislation if an organization is a public authority, if it performs large scale monitoring, or if it processes particularly sensitive types of data on a large scale.

Based on these criteria, WorkGenius requires a Data Protection Officer to be appointed. The DPO has an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.

Breach Notification

It is WorkGenius's policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data.

72-Hour Rule: Where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours (as required by GDPR).

If acting as a data processor, WorkGenius shall notify the data controller of the data breach security incident. This will be managed in accordance with our Security Incident Response Policy.

Addressing Compliance

The following actions are undertaken to ensure that WorkGenius complies at all times with the accountability principle of privacy legislation:

• The legal basis for processing personal data is clear and unambiguous
• A Data Protection Officer is appointed with specific responsibility for data protection (if required)
• All staff involved in handling personal data understand their responsibilities
• Training in data protection has been provided to all staff
• Rules regarding consent are followed
• Routes are available to personal data principals wishing to exercise their rights
• Regular reviews of procedures involving personal data are carried out
• Privacy by design is adopted for all new or changed systems and processes

Exceptions and Enforcement

Exceptions

WorkGenius business needs, local situations, laws and regulations may occasionally call for an exception to this policy or any other WorkGenius policy. If an exception is needed, WorkGenius management will determine an acceptable alternative approach.

Enforcement

Any violation of this policy or any other WorkGenius policy or procedure may result in disciplinary action, up to and including termination of employment. WorkGenius reserves the right to notify the appropriate law enforcement authorities of any unlawful activity and to cooperate in any investigation of such activity.

Any personnel who is requested to undertake an activity that he or she believes is in violation of this policy must provide a written or verbal complaint to his or her manager or any other manager of WorkGenius as soon as possible.

Responsibility, Review, and Audit

WorkGenius reviews and updates its security policies and plans to maintain organizational security objectives and meet regulatory requirements at least annually. The results are shared with appropriate parties internally and findings are tracked to resolution. Any changes are communicated across the organization.

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