1. Privacy principlesFactorial follows these principles in order to protect your privacy. These principles are common in both the General Data Protection Regulation 2016/679 (hereinafter, “GDPR”), and the California Consumer Privacy Act (hereinafter, “CCPA”), applicable if you are resident of the state of California:
- We do not collect any more personal data than is necessary to provide the Services
- We do not keep your personal data if it is no longer needed
2. Factorial HR’ ServicesFactorial is a cloud-based HR management platform used by organisations in their capacity of employers (hereinafter, “Customers”) to optimise their HR processes by centralising and digitising administrative tasks relating to their employees (hereinafter, “End-Users”).
3. Controller or ProcessorFactorial HR can be both a Controller and a Processor of personal data for the purposes of GDPR. For example, Factorial will be the Controller of personal data when a Customer enters into a contract directly with us, for the processing of said Customer’s data.However, in most instances due to the nature of our business Factorial has no direct relationship with the data subjects and exclusively processes the End User’s personal data on behalf of the Customers and according to their instructions. Thus, if you are an employee using our platform we act solely as a data processor with respect to the processing of your data. Our Customers decide the purposes for which they use our Platform, as well as the means for collecting data from our platform’s magnitude of features. In the case of users who browse our website, Factorial will be processor for the processing of data collected here, such as cookies, or any data that is interesting to enjoy our content. Example: if you are a user of our website and you need to access a particular service, such as subscribing to a newsletter, we will manage your personal data for the intended purpose. On the other hand, in the case of those employees of the Client or third parties (such as their self-employed professionals, candidates in selection processes, former employees, etc.) who want to report a situation through the web complaints channel and do not opt for anonymity, Factorial will be the Processor of personal data introduced in the said channel, with the Client being the one who decides the purposes for which said channel is used.
4. End-Users’ personal data received from our CustomersBefore you can access to our Platform, one of our Customers, as your employer, has already created an End-User account for you and provided us certain data about yourself, including:
- Basic information: Full name, work e-mail, identity number, etc.
- Other information: Social security number, date of birth, gender, nationality, phone number, office to which you are assigned, time-off policy, bank account number, working hours, salary, term of the contract, full address, emergency contacts, etc.
5. End-Users’ personal data received from GoogleIf you choose to access our Platform via website using Google’s sign-in tool, Google Ireland Limited will share with us your full name, your e-mail address, your language preferences, and your profile picture for authentication purposes.
6. End Users’ data collected by our PlatformFor the purposes of providing the services to our Customers’, Factorial’s Platform collects the following information from the End-Users:
- Data on device: We automatically collect device information such as your device ID, model and manufacturer, operating system, version information and IP address, etc.
- Geo-Location Information (in App): The end user's geolocation data will only be collected if the platform administrator expressly activates the use of geolocation for the clock-in. Even in this case, the employee must accept the use of the geolocation policy and authorize the use of geolocation by the App. Once authorized, the platform will record the coordinates of the place from where the employees have clocked-in or clocked-out, but will not record its coordinates at any other time.
- Clock-in information: If you use the Platform to time track your working hours, we will collect the clock-in and clock-out time and date, duration of your shift. If your company has geo-location clock in enabled and you have given the Platform permission to access to it, we will also collect your location information.
- Time-off data: If you use the Platform to request time-offs we will collect information regarding the category of time-off to requested (e.g., holidays, sickness, etc.), duration of the requested time-off, and any other data you wish to provide in the description of the request.
- Data on Factorial's virtual card. If you add your Factorial virtual card to Apple Wallet or Google Pay, we will collect information about the cardholder, the transactions you make, and the expiration date of the card.
7. End-user data collected by our Website.
- Free offer of digital content:
- Data collected: email address, surname, first name, title, title.
- Intended use: personalised sending of the requested content.
- Events created by Factorial: in order to be able to participate in our events, we manage the following personal data (name, surname, email address, telephone number).
- Request for a demo of our software: If you request an appointment for a Webdemo, we will use your data to contact you and set a date for the demo together.
- Trial account If you register for a test account, we will use your data to provide you with the necessary information and to introduce you to the test account and the functionalities of the software.
8. Purposes and basis of the processing of your personal data under GDPRFactorial HR processes your personal data:
- To reply to your request of demo, contact, or further information as a Customer, provider or End-User.
- For the drafting, negotiation or signature of contracts or other agreements with you.
- For securing and presenting our website or Platform (log files).
- So that Employees and / or third parties can send their complaints through our complaints channel.
- So you can pay with a Factorial virtual card through Apple Pay or Google Pay.
- For the purposes determined by our Customers - as data controllers - and under their instructions as established in the Data Processing Agreement (DPA) entered into between us and our Customers.
- Example: if you’re an employee of Company A, you are an End-User, and Company A might decide to use our platform for employee time and attendance management, time-off management, task management, etc.
- To manage and organize events, webinars, courses and other similar events created by Factorial and carry out those actions necessary to evaluate your participation.
9. Legal BasisThe processing of your data is carried out in accordance with the following legal bases: your consent in accordance with Art. 6 para. 1 lit. a) GDPR or, as the case may be, Art. 9 para. 2 lit. a) GDPR, for the performance of a contract with you in accordance with Art. 6 para. 1 lit. b) GDPR, for the fulfilment of legal obligations in accordance with Art. 6 para. 1 lit. c) GDPR or for a legitimate interest in accordance with Art. 6 para. 1 lit. f) GDPR.The legal basis for processing your data in accordance with the stated processing purposes is:
- Contacts: if you wish to contact us, for example because you send us an email or write to us via a contact form, the legal basis is Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in the complete processing of your contact. Since you are contacting us, we assume that there are no interests on your part that conflict with the processing of your request. If the contact is for the purpose of concluding a contract or the performance of a contract, the legal basis for the processing is § 6 (1) lit. b) GDPR. If consent is given, the legal basis for processing the contact is Art. 6 para. 1 lit. a) GDPR or, where applicable, Art. 9 para. 2 lit. a) GDPR.
- Contracts: The legal basis for processing your personal data for the performance or initiation of contracts is Art. 6 (1) lit. b) GDPR. This includes, in particular, the processing of data through the use of our Platform, unless another described processing purpose (and corresponding legal basis) applies and is relevant. In addition, we also process your data in accordance with legal provisions resulting, for example, from tax law. This type of processing is lawful according to Art. 6 (1) c) GDPR. In the case of requests that do not give rise to a contractual relationship, we have a legitimate interest pursuant to § 6 (1) (f) GDPR to keep track of the request data for a limited period of time in order to assert our legal claims or defend ourselves against lawsuits.
- Security and presentation of our website: Each time our website is accessed, usage data is transmitted by the respective internet browser and stored in log files, so-called server log files. The data records that are stored are the name of the website accessed, the file, the date and time of access, the amount of data transferred, the notification of successful access, the type and version of the browser, the operating system of the user, the referrer URL (the previously visited page), the IP address and the requesting provider. These log file data records are evaluated to protect our website against attacks, to find and correct errors and to monitor server utilisation. This is also our legitimate interest according to Art. 6 para. 1 lit. f) GDPR.
- Complaints: The legal basis for the processing of your personal data for the filing of complaints through the complaints channel is Art. 6 (1) lit. c) of the GDPR. This includes, in particular, the processing of data through the use of our Platform and website.
- Video calls: Every time you attend a video call with our Customer Experience or Sales team and the call is recorded through the Gong application, the basis of legitimacy that we will take into account is the consent of the interested party.
10. SecurityFactorial HR implements state of the art security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. We also implement appropriate organizational measures to protect your information.We apply our security standards also when working with business and technology partners. We only select and contract with processors and third parties who use appropriate security measures and provide sufficient guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we entrust with them.Moreover, Factorial HR’s employees have signed a Non-Disclosure Agreement or clause in connection to their employment and we have set internal processes such as continuous training and policies that are frequently updated to ensure the availability and resilience of our systems and services. Additionally, Factorial has a defined an incident response plan in case of a physical or technical incident.
11. Sharing of your personal dataData processed by Factorial HR is hosted in the EU and processed either within the EU or such third country deemed to offer an adequate level of security by the European Commission, or by service providers that have entered into binding agreements that fully comply with the lawfulness of third country transfers. In this sense, your data will be stored in EU-West1 region of Amazon Web Services (AWS), more specifically in Frankfurt.Other recipients of your data may include government agencies and administrations, to the extent that we are legally obliged to do so and service companies, such as tax advisors or lawyers. In some cases, we may need to transfer your data to third parties in order to process your request, such as booking a meeting with us through Videoask.
13. Retention periodWe keep personal data for different periods, depending on the type of information, the period of our contract with our Clients, legal requirements regarding certain types of data, and other factors. Generally speaking, we will stop processing your information when (a) your employer is no longer a Customer of Factorial HR; or (b) you are no longer an employee of our Customer. If circumstance (a) or (b) occurs and we are under no legal or contractual duty to preserve your information for a longer period, we will delete your data.If we have to retain your information for the purposes of complying with a contractual or legal obligation of retention, or to resolve disputes or enforce our rights we will restrict is access by specific persons or role. In relation to the information communicated through the complaints channel, it will be stored for no longer than it is necessary and proportionate in order to comply with the requirements imposed by the Whistleblowers Directive. After that time, the complaints will be suppressed with the pertinent security measures, without applying any blocking obligation.
14. Your rightsA) California Consumer Privacy Act (CCPA)If you are a resident of the state of California, under the California Consumer Privacy Act (CCPA), you have the following rights:
- Right of access: the right to know what personal information is being collected from you and how it is used and shared.
- Right to delete: the right to delete the personal information we hold from you (with some exceptions).
- Right to opt out: of the sale of their personal information.
- Right to non-discrimination: the right not to receive discriminatory or differentiated treatment from us because you exercises a right conferred by the CCPA.
- The right to opt-out of the sale or transfer of user personal information for consideration by a business (“do not sell my information”)
- The right not to receive discriminatory or differentiated treatment by a business because you exercised a right conferred by the CCPA.
- Right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights.
- Right of access: You have the right to obtain access to your personal data.
- Right to rectification: You are entitled to have your personal data rectified if they are inaccurate or incomplete.
- Right to erasure: This right enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.
- Right to restrict processing: You have rights to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further.
- Right to data portability: You have a right to obtain and reuse your personal data for your own purposes across different services.
- Right to object to processing: You have the right to object to certain types of processing.
- Right to lodge a complaint: You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
- Right to withdraw consent: If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time.
- Right not to be subject to automated-decision making: You have the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal (or similarly significant) effects to you.
- baseless or excessive/repeated requests; or
- further copies of the same information.
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