Candidate Privacy Notice
1. WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE?
U.S. Direct E-Commerce Limited trading as ESW and each of its group companies (“ESW”) is committed to protecting the privacy and security of your personal data.
This privacy notice describes how we collect and use personal data about you during and after the process of applying to work with ESW.
The company that you are applying to work for, is the data controller of your personal data. This means that it is responsible for deciding how we hold and use personal data about you. U.S. Direct E-Commerce Limited (trading as ESW) is one of a number of different legal entities in a group of companies (together these form the “ESW Group”). This Privacy Notice is issued on behalf of the ESW Group so when we mention “ESW”, “we”, “us” or “our” in this Privacy Notice, we are referring to the relevant company in the ESW Group responsible for processing your data. U.S. Direct E-Commerce Limited (trading as ESW) is the data controller.
Our contact details are:
Full name of legal entity: U.S. Direct E-Commerce Limited (trading as ESW)
Contact Email address: privacy@esw.com
Postal address: South Block, The Concourse Building, 110-115 Airside Business Park, Swords, County Dublin, Ireland
This Privacy Notice applies to candidates for a position at ESW. This Privacy Notice does not form part of any contract of employment or other contract to provide services. We may update this Privacy Notice at any time.
It is important that you read this Privacy Notice together with any policies or notices that we may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of how and why we are using such data.
If you are offered and you accept a role at ESW, the personal data collected during the recruiting process will become part of your employee file and will be governed by the ESW Employee Privacy Notice, a copy of which will be provided when you are on-boarded as an employee.
2. WHAT PERSONAL DATA DO WE COLLECT AND PROCESS?
We may use various type of personal data during the process of applying for a position at ESW. For example, we need your CV to assess your suitability for a position at ESW.
The following is a list of categories of personal data that we may process about you:
| Categories of Personal Data | Examples of Data |
| Personal details | Name, gender, nationality, civil/marital status, date of birth, age, personal contact details (e.g. address, telephone or mobile number, e-mail), national ID number where appropriate, languages spoken. |
| Financial | Remuneration (including salary expectation, previous salaries) and package (bonus, commission, healthcare, pension) information. |
| Recruitment | Skills and experience, qualifications, CV and cover letter, interview and assessment data where appropriate, right to work verification (including passport, visas or national identity cards), details of any offer made to you, relevant professional and educational qualifications, references, background and verification information (e.g. for appropriate roles, results of credit reference check, tenure, financial sanction check where carried out and permitted by applicable laws). |
| Online/publicly available data | Any personal information which is publicly available, such as LinkedIn profile information, social channels, or media & news outlets including phone, email, social websites links, skills, education history, job history that is available publicly. |
| Sensitive / Special Categories of personal data | Where permitted by law or provided with your consent, special category personal data regarding, race, health, ethnicity, religious or philosophical beliefs, and sexuality. |
| Other | Any other personal information which you choose to disclose to us during your recruitment process whether verbally or in written form |
| What Personal Data Do we Collect/Use? | Purpose of Processing | Lawful Basis for Processing |
| Personal details Recruitment | For recruiting purposes, to determine your qualifications for employment, and to make hiring decisions. Pre-employment verification and background screening. To undertake appropriate preemployment screening (if and to the extent allowed by law). Including to enable us to make decisions regarding your suitability to work for us, including where applicable, psychometric testing. | Legitimate Interests – interest in recruiting qualified staff. |
| Sensitive / Special Categories of personal data | To provide accommodations during the recruitment process. For instance, to provide accommodations requested for disabilities the recruitment process. Where you have shared this information with us. | Consent. |
| Sensitive / Special Categories of personal data | Were applicable, for the purpose of equal opportunities monitoring, compliance with anti-discrimination laws, or government-reporting obligations. | Legal obligation. |
| Were appropriate, all of the above categories. | To establish, exercise, or defend against legal claims. | Legitimate Interests to establish, exercise or defend legal claims. |
| Personal details | To fulfil a referral request when you are referred for a role with ESW by a ESW employee using our referral process, as permissible, including by using the provided contact information to reach out to you. | Legitimate Interests of running our referral programme |
| Personal details Financial Recruitment | To perform a contract to which you are a party or to take steps at your request prior to entering into a contract. For instance, to take steps prior to entering an employment contract with you. | Contract |
| Personal details Recruitment | Job opportunities and talent community -To contact you in relation to job opportunities which we consider may be of interest to you. | Legitimate Interests – interest in recruiting qualified staff. |
3. CHANGE OF PURPOSE
We will only use your personal information 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. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
4. WHAT IF I DO NOT PROVIDE MY PERSONAL DATA?
In certain circumstance, it may be required for you to provide your personal data in order for us to enter into or continue to perform our contract with you. If you fail to provide your personal data under these circumstances, then we will not be able to enter into a contract with you or may not be able to continue to perform the contract.
5. TO WHOM IS MY PERSONAL DATA SHARED?
ESW may share your personal data with various third parties to help us operate our business. The categories of recipients are:
- Group and affiliated companies,
- Technology service providers,
- Third-party service providers.
We may also disclose your personal information in the following circumstances:
- when required by applicable law or regulation (disclosure to a governmental, regulatory or law enforcement authority);
- in order to defend ourselves legally and/or in relation to legal proceedings; and
- in relation to a takeover, purchase, merger or divestiture and pursuant to the same.
6. INTERNATIONAL DATA TRANSFERS
Personal information we collect about you may be transferred outside the European Economic Area (‘EEA’), to other ESW entities or third parties. Whenever we transfer your personal data outside of the EEA, we will employ legal mechanisms to ensure that a similar degree of protection is afforded to it by relying on at least one of the following safeguards:
- We will transfer your personal data to countries that have been deemed by the European Commission to provide an adequate level of protection over personal data. For further details, see Adequacy Decisions (europa.eu); or
We will use Standard Contractual Clauses approved by the European Commission. For further details, see Standard Contractual Clauses (SCC) (europa.eu).
7. HOW LONG IS MY PERSONAL DATA PROCESSED?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
The amount of time we process your personal data will depend on the various purposes for which it is processed. However, the standard period is 2 years.
8. FROM WHERE IS MY PERSONAL DATA OBTAINED?
We obtain your personal data from a number of sources including:
- Directly from you
- From third parties such as recruitment agencies,
- Previous employers,
- Background check providers,
- Academic and educational institutions and bodies,
- Professional membership bodies,
- Publicly available sources such as social media, LinkedIn etc.
- Referrals from an employee within ESW.
9. AUTOMATED DECISION MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We do not routinely carry out automated decision making and in the event that we were to do so we would make you aware at the time and provide you with the relevant information regarding this. You have the right not to be subject to a decision which is based solely on automated processing (without human involvement) where that decision produces a legal effect or otherwise significantly affects you. This right means you can request that we involve one of our employees or representatives in the decision-making process.
10. WHAT ARE MY RIGHTS IN RESPECT OF THE PERSONAL DATA?
Under data protection law you have the following rights:
- Access to your personal data (commonly known as a “data subject access request”). This includes confirmation as to whether your personal data is being processed by ESW and if so, to obtain a copy of your personal data.
- Rectification of the personal data that we hold about you. This enables you to have incomplete or inaccurate personal data we hold about you corrected.
- Erasure of your personal data. This enables you to ask us to delete or remove personal data where there are no grounds 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).
- Object to processing of your personal data, unless we can demonstrate that there are compelling legitimate grounds for the processing. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Object to automated decision-making including profiling. You have the right not to be subject to a decision based solely on automated processing Including profiling which produces legal or significant effects.
- Restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you under certain circumstances, for example if you want us to establish its accuracy or the reason for processing it.
- Right to data portability or request the transfer of your personal information to another party under certain circumstances. This right only applies to personal data that is being processed on the basis of your consent or for the provision of a contract with you.
For California Residents
- Right to Opt-Out of Sale or Sharing of personal data: Once such a request is made, no data that is collected about you may be shared or sold to a third party.
- Right of No Retaliation Following Opt-Out or Exercise of Other Right: In the case of the website selling a product, your choice to exercise any of your consumer rights under the CPRA must not result in you receiving an inferior product. Restricting your access to coupons or discounts is also prohibited.
The rights set out above are not absolute. There may be times or circumstances when these rights may be lawfully restricted.
If you want to exercise any of your rights, please email privacy@esw.com
No Fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. WHAT IF I AM NOT HAPPY WITH HOW MY PERSONAL DATA IS BEING USED?
You can contact the ESW Data Protection Officer at Privacy@esw.com
You also have the right to make a complaint at any time to the Data Protection Commission Office (DPC), the Irish supervisory authority for data protection issues.
