US Data Privacy Framework HR Privacy Policy & Data Protection Policy

Introduction

This FRG US Data Privacy Framework HR Privacy Policy & Data Protection Policy (the “Policy”) sets out how Frank Recruitment Group Inc. (“FRG”) uses and protects any personally identifiable information (which means any information that can be used to distinguish or trace a person’s identity) (“PII”) that EU, UK, or Swiss citizens or residents who become, are apply to become, employees of FRG give us throughout recruitment process and during your employment. This Policy only applies to FRG employees that are EU, UK, or Swiss citizens.

Other Covered Entities

FRG’s direct wholly owned subsidiary, Frank Recruitment Group Services Inc. (“FRGS”), also adheres to the requirements of the EU-U.S. Data Privacy Framework, UK Extension to the EU-U.S. Data Privacy Framework, and/or the Swiss-U.S. Data Privacy Framework (collectively, the “Framework Principles”). When this Policy refers to “we,” “our,” or “us,” that term means FRG and FRGS.

Statement

We are committed to ensuring that your PII is protected in accordance with the requirements of the Framework Principles with respect to the collection, use and retention of PII transferred from European Union member countries (“EU”), the United Kingdom (“UK”), and Switzerland to the United States. Should we ask you to provide PII to us, we will only use it as stated in this Policy, unless you consent to a different use.

We comply with the EU-U.S. Data Privacy Framework, UK Extension to the EU-U.S. Data Privacy Framework, and/or the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom, and Switzerland to the United States, respectively. We have certified to the Department of Commerce that we adhere to the Framework Principles. If there is any conflict between the terms in this privacy policy and the Framework Principles, the Framework Principles shall govern. To learn more about the Data Privacy Framework programs, and to view our certification, please visit https://www.dataprivacyframework.gov/list.

Changes to this Policy

We may change this Policy from time to time and will provide notice to you when we do so. If you have any questions or concerns about the Policy or any changes made to the Policy, please e-mail us at privacy@tenthrevolution.com.

What information will we collect?

Some of the data that we collect or receive about you is PII including but not limited to:

Your name;
Your gender;
Your contact details e.g. email address, cell phone number, home phone number, street address;
Social security number or national insurance number
Driver’s license
Visa number;
Passport number;
Superannuation details (where applicable);
Tax related information;
Right to work status \ citizenship;
Information that could be used to identify your spouse, children or other family members;
Date of birth;
Medical or prescription drug information that you provide to us; and
Bank account details.

Other information that we collect or receive from you or about you is not PII and is not covered by this Policy.

Why do we process your Personal Data?

We will store, process and use your PII to conduct our business and comply with applicable local law, including in some or all of the following ways:

To facilitate the screening, hiring and interview process;
To facilitate the compensation and wage payment process or to correct any issue with your compensation or payment;
To provide health, dental and other benefits to you or a family member;
To provide you with retirement benefits;
To provide you with information necessary for your taxes;
To investigate, respond to or resolve any employment related complaint or issue made by, about or involving, you;
To investigate and respond to any leave of absence you may request;
To terminate your employment or to consummate your resignation of employment with us;
To provide you with a service requested by you, like verifying your employment or compensation for a loan or a mortgage;
To extent permitted by applicable law, to monitor your compliance with your obligations, or to enforce our rights, under your Employment Agreement, any FRG policy or your use of any FRG property, equipment, database or computer system;
To make it possible for you to travel on FRG business or on an award or incentive trip;
To answer your questions and inquiries;
To fill an open vacancy at FRG and to advise you of vacancies at FRG for which FRG believes you may be qualified or interested in;
To input your PII into FRG’s applicant or human resources database;
To complete your screening and onboarding process (including any necessary or required background checks and entering your PII in our HR database);
To facilitate and complete your off boarding process;
To offer you, enroll you in or answer questions you may have about any benefit of employment or COBRA (which relates to your post-employment health care);
To change any election you have made regarding your employment or any employee benefits;
To process any changes to any term or condition of your employment;
To answer any questions from your representative, executor, accountant, attorney, spouse or child (after obtaining any required consent from you where legally required and feasible) related to your employment;
To cooperate with any government agency in any audit, inquiry or investigation or to input into any government form or return where your PII is required by applicable law;
To monitor our corporate diversity efforts (your PII will be used on anonymized basis);
To complete and file any employment related tax returns and to pay any employment related taxes or other deductions;
To reclaim or receive any amounts owed by you to us;
If you are a job applicant, to send you electronically or by post communications regarding the job application process or the visa process (including visa renewal or transfer process);
For FRGS prospective and actual employees only, to FRG clients to determine if they are interested in retaining FRGS’s services to perform technical professional services performed by you; and
To exercise or defend any legal claims against you, made by you or involving you.

What third parties do we share your PII with and why?

We may share your PII with third parties in connection with your employment or potential employment at FRG. Some of the most common examples of this are:

With insurance or benefits brokers, vendors, carriers or providers to provide you with insurance coverage and insurance offerings;
With retirement benefit brokers, vendors, trustees or providers to provide you with retirement benefits and retirement benefits offerings;
With third parties who you request;
With payroll vendors and providers to pay you and to answer any inquiries regarding your pay;
With government agencies in connection with any visa or similar issues or proceedings to help secure you a visa to work for us;
With background check and employment and education verification providers and drug screening companies to compete the job application or job offer process;
With non-benefit insurance brokers or carriers in connection with any claim under a policy of insurance maintained by us;
With third party consultants or software developers or providers who build, maintain, fix or develop computer systems for us such as our HR database;
For FRGS employees only, with third parties who assist us in onboarding, paying and offboarding FRGS employees;
For FRGS employees only, with third parties who develop, provide, maintain and fix our timesheet and timekeeping system so that we can calculate your pay accurately and correctly and invoice FRG’s client correctly;
With mobile phone providers if we are issuing you an FRG/FRGS paid mobile phone and the mobile device management providers if you have requested that we permit you access to your FRG/FRGS email on your personal mobile phone;
With third parties to provide data storage services to comply with our record retention obligations under law and under our client contracts;
To third parties, regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings;
To our affiliates, whose locations can be found at https://www.frankgroup.com/contact in order that they may process your PII in accordance with this Policy; and
In the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets, or a controlling interest in the equity, of FRG or FRGS provided that such counterparty(ies) to any such transaction agrees to adhere to the terms of this Policy (or a similar document).

In the event that FRG transfers your PII to a third-party service provider for processing on FRG’s behalf and such third party processes your PII in a manner inconsistent with this Policy, then FRG will bear liability in accordance with applicable law and, if applicable, the terms of any relevant contract, unless FRG is not responsible for the event giving rise to related damages.

Security

We are committed to ensuring that your PII is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic, managerial and contractual procedures to safeguard and secure your PII.

Right of Access to your PII

You have the right to access the PII that we hold. You are able to correct, amend or delete your PII where it is inaccurate or has been processed in violation of the Framework Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.

If you wish to exercise this right, please email us at privacy@tenthrevolution.com.

Retaining your PII

We will not sell, distribute or lease your PII to third parties unless we have your permission or are required by law.

Your PII will be stored in our HR database which can be searched and accessed only by members of our HR Department and if necessary by senior management or our Legal Department. While we may prompt you from time to time, it is your responsibility to keep your PII up to date when your personal circumstances change in any way that may affect your employment with us or eligibility to work for us.

Internet and Inherent Risks; Consent for Collection, Storage, and Processing of PII

Use of the internet to collect, process and storage your PII inevitably involves some degree of risk. We cannot guarantee the safety or security of your PII in all cases including the transmission of your PII over the internet. Therefore, unless you state otherwise, you consent to our, and our affiliates, collecting, processing, or storing your PII, including but not limited to over the internet for the purposes stated in this Policy.

Equal opportunities

We are equal opportunity employers and committed to diversity. As such, all job applicants and employees will receive equal treatment and we will not discriminate on grounds of gender, race, ethnic origin, colour, marital status, nationality, national origin, disability, sexual orientation, religion, age or any other protected characteristic under applicable law.

We may occasionally use your PII for the purposes of diversity monitoring as part of our commitment to equal opportunities. This information will be used on an entirely anonymous basis.

Complaints – US Data Privacy Framework

In the first instance, please contact us at privacy@tenthrevolution.com directly to discuss any complaints you may have in relation to our handling of your PII.

EU residents. However, should your complaint relate to our failing to comply with our Data Privacy Framework commitments or this Policy, remains unresolved and you reside in the EU, then you should contact the EU Data Protection Authorities (DPAs) who act as an independent recourse mechanism to settle all such disputes.

Such complaints can be directed either to the EU DPAs panel secretariat or individual EU DPAs.

The contact information relevant to the submission of the standard complaint form is as follows: Commission Européenne, Directorate General Justice, Directorate C (Fundamental Rights and Union Citizenship) of the European Commission, Data Protection Panel, B-1049 Brussels, Belgium, 00 800 67 89 10 11 (from inside the EU)
+32 2 299 96 96 (from outside the EU), Fax: (+32-2) 298.80.94, email: ec-dppanel-secr@ec.europa.eu. You can find the standard compliant form at https://edps.europa.eu/data-protection/our-role-supervisor/complaints/edps-complaint-form_en.

The contact information for individual EU DPAs can be found at: https://edpb.europa.eu/about-edpb/board/members_en

UK residents. However, should your complaint relate to our failing to comply with our Data Privacy Framework commitments or this Policy, remains unresolved and you reside in the UK, then you should contact the Information Commissioner’s Office who act as an independent recourse mechanism to settle all such disputes.

Such complaints can be directed to the UK DPA, you should contact the Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 0303 123 1113 (local rate) Fax: 0162 552 4510 Or via below link : https://ico.org.uk/make-a-complaint/

Swiss residents. Should your complaint relate to our failing to comply with the Framework Principles and remains unresolved and you reside in Switzerland, then you should contact the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland with whom we have agreed to cooperate regarding such disputes. The contact information for the Swiss FDPIC can be found at: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection—switzerland.html

Under the EU-U.S. Data Privacy Framework, the independent dispute resolution body designated to address complaints and provide appropriate recourse free of charge to the individual, and whether it is: (1) the panel established by DPAs, (2) an alternative dispute resolution provider based in the EU, or (3) an alternative dispute resolution provider based in the United States. Also, under the Swiss-U.S. Data Privacy Framework complaints will be addressed free of charge to the individual, and whether it is: (1) the Commissioner, (2) an alternative dispute resolution provider based in Switzerland, or (3) an alternative dispute resolution provider based in the United States. We are subject to the investigatory and enforcement powers of the Federal Trade Commission. There is the possibility, under certain conditions, for the individual to invoke binding arbitration.

Choice and Means FRG Offers You to Limit Use and Disclosure of Your PII

You have the right to choose (opt out) whether your PII is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to opt out, all you need to do is contact us by emailing privacy@tenthrevolution.com or hrus@frankgroup.com or you contact us in writing by sending a request to the address listed in Section 16 (“Contact”) below.

Applicable law allows certain exceptions to your ability to opt out, including without limitation where we are parties to a contract that is still being performed. The above choice/opt-out doesn’t apply where the sharing of your PII is with a third party who is acting as our agent (such as our service providers who perform services that help us to run our business like an outside payroll vendor or benefit provider/broker). We won’t provide your PII to a third party under these circumstances unless we have a contract in place with that third party that requires the third party to comply with applicable law, including without limitation, the Framework Principles. Where applicable law permits us to retain and continue to use your PII and we do so, we will do so only to the extent permitted or required by applicable law. If you contact us to opt out, we will explain the options available and comply with your request as required by the Framework Principles and applicable law.

Contact

If you wish to contact us about this Policy, your PII, accessing your PII, please write to us at the below address or email privacy@tenthrevolution.com

Chief Privacy Officer
Frank Recruitment Group Inc.
501 E. Kennedy Blvd, Suite 1900

Tampa, FL 33602