PRIVACY NOTICE FOR JOB APPLICANTS
Publication date July 1, 2020
Your privacy matters
Transparency
is paramount
We are committed to be
transparent about the data we process about you. For example, by informing you
about the way our company applies data protection principles and the right of
access to your personal data.
The right
reasons
We use your personal data
only for specific purposes and when we have a justified reason to do so. For
example, in order to invite you for a job interview or to draw up your
contract.
Share with
care
We only give
access to your data when it is necessary and only to third parties we use to
provide our services. Examples are recruitment agencies and IT service providers.
Keeping it
safe
We understand how valuable
your personal data is and therefore only keep it for as long as we need it and
take appropriate measures to keep it safe. We do this by applying encryption
and deleting data when no longer needed, among others.
Stay in control
We enable you to exercise
your privacy rights and encourage you to keep your personal data up to date. For
example, by providing a form that makes it easy for you to enter a privacy
right request and by being transparent.
Let us know
We are open to any
questions, comments and complaints you might have about the use of your
personal data or our Privacy Notice. You can contact us via privacyoffice@asml.com
and via the contact form on asml.com/privacy.
1.
Introduction
This
Privacy Notice for job applicants (“Privacy Notice”) describes how ASML and its
group companies (“ASML”, “us” or “we”) process the personal data of candidates
we contact and applicants that apply to a position (“you”) in connection with
ASML’s recruitment process.
We have
drafted this Privacy Notice thoroughly and in an easy and comprehensible way in
order to inform you about what personal data we process about you, why we process
it and what we do with it during our recruitment process. We encourage you to
take some time to read this Notice in full.
This Privacy Notice may change over time.
You can store or print this Notice by using the download button below.
2.
When does this privacy Notice apply?
This Privacy Notice applies to the processing of personal data of job applicants by ASML.
Some countries may have different local legal
requirements. In case of a conflict between this Privacy Notice and such requirements, the latter will prevail.
3.
Who is ASML?
ASML is
the world's leading supplier of semiconductor manufacturing equipment and the
innovator behind ever-advancing lithography systems. We provide chipmakers with
everything they need – hardware, software and services – to mass produce
patterns on silicon through lithography.
When this
Privacy Notice mentions ‘we’, ‘us’, ‘our’, it refers to ASML Holding N.V. – based at De Run 6501, 5504 DR, Veldhoven, the Netherlands – as well as its
group companies.
4.
What IS personal data?
It is important for you to know that ‘personal data’ (or: ‘data’, ‘personal
information’, or ‘your data’), means: any information relating to an identified
or identifiable natural person (‘data subject’).
An identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data, an online identifier –
or by reference to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person.
5.
What Personal data do we process
about you?
During the recruitment process, we ask you to provide
us with information that enables us to assess your suitability for certain
positions.
We may process the following personal data about you:
a.
Your name and
contact details;
b.
Gender and date
of birth;
c.
All information
contained in your CV/resume, motivation or cover letter and other documents you
shared with ASML in your job application;
d.
Information given
by you during face-to-face and video interviews, via emails, phone calls and
other means of communication;
e.
Your job
preferences;
f.
Results of tests
and analyses that you have performed at our request;
g.
Information from
pre-employment screening and background checks;
h.
Names and contact
details of your references. You must have obtained consent from your references;
i.
On premise
information collected through access control and CCTV recordings;
j.
Account login
information used to access company systems and applications such as the
recruitment portal; and
k.
Network traffic
data and other related data, such as IP address and information obtained from
cookies and similar tracking technology used on our websites, from your use of
our websites. For more information please read our Cookie Notice.
Special categories data (sensitive personal data)
Special categories of data may be considered sensitive personal data. We
only process these for specific, legitimate purposes and where you have given
your explicit consent, it is necessary, required by applicable law or
inevitable, or you have deliberately made it public.
In the
course of our application process, you may for example provide us with a photo that may disclose the
following information about yourself: your race, national or ethnic origin, age, physical
health (including disability) or religious beliefs. These, together with veteran status, or
information relating to criminal convictions or offences, are considered special
categories of personal data.
Please note that for the recruitment process, some required personal
data may vary, depending on the position you apply for and the location
(country) of this position.
How do we obtain your personal data?
We collect personal data directly from you when you
apply for a position with us or when we contact you with a possible job offer. In
addition, we may collect your personal data independently through different career
orienting platforms and websites. We also collect your personal data from third
parties, such as professional recruitment agencies, your references, prior
employers, ASML employees with whom you had interviews, and pre-employment and background
check providers, to the extent permitted by applicable law.
We process your personal data via our recruitment portal, through
video-interviewing application, via email, via phone, in person at interviews
and/or by any other method.
6.
For which purposes do we process your personal data?
We process your personal data for recruitment and compliance purposes,
in particular for:
a.
Identifying and
evaluating your qualifications for available positions;
b.
Verifying the
data you submitted and carrying out reference checks, pre-employment screening and
conducting background checks (where applicable);
c.
Informing you
about the progress of your application or other vacancies at ASML that we
consider suitable for you;
d.
Creating a talent
pool for future job openings;
e.
Preparing a job
offer and employment contract, where applicable, and for fulfilling onboarding
activities in case of a successful application;
f.
Assessing your
fitness to work and for the provision of facilities in the workplace for any accommodation;
g.
Business
management and administrative purposes, including maintaining our IT systems, internal
audits, record-keeping and improving our business processes;
h.
Protecting the
health, safety, security and integrity of ASML and its job applicants,
facilities and (IT) assets, including occupational safety and health; and
i.
Complying with
the law, including the disclosure of personal data to government institutions
or supervisory authorities, and to exercise or defend legal claims.
Secondary use of personal data
When we have collected personal data on the basis of legitimate
interest, a contract or vital interests, this data can be used for a secondary
purpose but only if the secondary purpose is compatible with the original
purpose.
7.
what is the legal basis for processing your Personal data?
The legal bases
(or justified reasons) for processing your personal data are:
· The legitimate interest for recruitment and management purposes;
· For entering into and managing a contract or employment relationship;
· For compliance with our legal obligations; and
·
On the basis of your consent.
8.
Who has access to your Personal Data?
Access to your personal data
within ASML
Our employees are authorized to access
personal data only to the extent necessary to serve one or more of the purposes
set forth in Section 6 above
and in so far as they need access to perform their job tasks.
Access to your personal data by third parties
To be
able to offer you the best possible services and remain competitive in our
business, we share certain data outside of ASML with trusted business partners,
including but not limited to:
· Agencies and consultants that may assist us in performing our business
processes; and
· IT service providers.
Your personal data may also be shared with competent public authorities,
governments, regulatory or fiscal agencies where it is necessary to comply with
legal or regulatory obligations to which ASML is subject to.
When we transfer personal data to third parties we will, when
appropriate, have an agreement concerning the processing of your personal data
in place.
ASML does not sell your personal data to anyone.
International transfers of your personal data
ASML is a global organization, so the data we collect
may be transferred internationally throughout our organization and to third
parties worldwide.
To protect your rights we only store and transfer your
personal data in a country where:
1.
An adequate level of protection for personal data is
provided;
2.
An instrument covers the requirements for the transfer
of personal data
such as:
a.
EU Standard Contractual Clauses;
b. Codes of conduct; and
c. Certification mechanisms.
What's not covered in this Notice?
Our website sometimes links to services run by other companies, for
instance when you apply for a job online. Those companies have their own
privacy and cookie notices, so remember that the information you give them will
follow their rules and not ours.
9.
How long will we keep your PERSONAL data?
Your data will be
kept only for the period required to serve the purposes mentioned under Section 6 above
(and to comply with legal requirements or for litigation or protection against
a possible claim – if any). In case of rejection during the recruitment phase, your
data will be retained for a maximum period of 4 weeks after the date of
rejection, unless you provide us your consent to keep it for 1 year or subject
to applicable (local) laws. After the applicable retention period, your
personal data will be securely deleted, destroyed or de-identified.
If you accept an offer of employment by
us, any relevant personal data collected during your pre-employment period will
become part of your personnel records and will be subject to our Privacy Notice
for Workers. Personal data that is no longer required will be deleted.
10.
How IS your PERSONAL data secured?
We have taken adequate measures to protect the
confidentiality, integrity and availability of your personal data. The
implementation of appropriate technical, physical and organizational measures protects your personal data against the following instances:
· Accidental or unlawful destruction;
· Accidental loss, damage, alteration;
· Unauthorized disclosure or access; and
· Any other forms of unlawful processing (including, but not limited to unnecessary
collection or further processing).
We have procedures in place to deal with a
(suspected) data breach. You and/or the applicable data protection authorities
will be notified of a data breach, where we are legally required to do so.
11.
What about your rights?
You have the following rights in relation to your personal data:
· The right to access the personal data we have about you;
· The right to have your personal data corrected;
· The right to have your personal data deleted;
· The right to restrict processing of your personal data by us;
· The right to object to automated decisions; and
· The right to withdraw consent at any time and without detriment.
Under certain provisions, you also have the right to:
· Object to certain data processing operations; and
· Request a transfer of your personal data.
If you wish to exercise any of these rights,
please contact our Privacy Office. We will always check your identity to ensure
that it is you exercising your rights. If we cannot verify your identity, your
request will be rejected. When exercising your right, the more specific you
are, the better we can assist you with your question. In some cases we may deny
your request, in which case we will notify you of the reason for denial.
If you feel
we are not handling your question or request appropriately, you also have the
right to lodge a complaint with the relevant data protection authority.
12.
What aBOUT your responsibilities?
We would like to kindly
remind you that you are responsible for providing us with accurate, complete
and up-to-date data. In case you provide us with the personal data of other
individuals, such as references, please be sure to comply with legal (local) and
ASML requirements, including informing
the individuals concerned sufficiently about the processing of their data, by
providing them with the Privacy Notice for Business Partners and Visitors and
by obtaining their consent before sharing their personal data with us.
13.
How to contact us
When you have a question about the use of your
personal data or about this Privacy Notice, we invite you to send an email to
our to our Privacy Office via privacyoffice@asml.com.
This Privacy
Notice may be changed over time. You can save or print this Notice for future
reference.