EXECUTIVEHIRE LIMITED - Data Personal and Privacy Notice for Workers

As your employer of record, we may collect Personal Data related to you (as defined below) during your role with Executivehire Limited. We are committed to protecting your privacy, namely by handling your personal information lawfully, fairly and transparently. We have created this Information Notice to explain the types of Personal Data which we may collect, how and why we use it, and what rights you are entitled to exercise regarding your Personal Data.

This Notice applies to our use of Personal Data as your employer of record – in particular, where we need to use your Personal Data to begin and manage your employment relationship with us and comply with our legal obligations.

About us

The Executivehire Limited company identified in your employment contract (or other contractual arrangements) is the data controller for your Personal Data made available to us. This means we are responsible for ensuring that we use your Personal Data in compliance with the applicable privacy and data protection laws.

Depending on the services provided and the relevant circumstances, the company which you are providing services to (the “Client”) may also process your Personal Data and decide why and how it is used, for example to manage its workforce and business operations. In those cases, the Client acts as a separate data controller for its own purposes and will provide you with information about its processing under its own privacy notice or other transparency materials. In the context of the employer of record and related workforce services, Executivehire Limited and the Client may each determine the purposes and means of different processing activities and, depending on the circumstances, we may act either as separate (independent) data controllers or, for certain limited and specific processing activities, as joint data controllers.

The main terms of the joint controllership arrangement with the Client are described below:

• Both we and the Client are individually responsible for ensuring that our own use of your Personal Data is lawful;
• We will only share your Personal Data with the Client where they provide sufficient assurances that this is lawful and they will not misuse your Personal Data (more on this below);
• We will coordinate with the Client to ensure the security of your Personal Data, including when it is exchanged with the Client;
• If you wish to exercise your rights, under applicable privacy and data protection laws, concerning your Personal Data, you can submit a request to either us or the Client. The Client is mainly responsible for addressing these requests, unless your request is specific to our use of your Personal Data.

Executivehire Limited is not responsible for the Client’s use of your Personal Data for purposes outside of your contractual arrangements with us. Please contact the Client for more information on how they may process your Personal Data outside of the joint controllership arrangement.

What types of your Personal Data do we process about you?

We process personal information related to you and collected prior and during the course of your role with us. This may include:

• Identification and contact data: full name, address, phone number, email address, TRN number, NIS number, place and date of birth, photo, Job history (CV), bank account information, a copy of your identification documentation (for example, a copy of your passport);
• Employment information: job title, employment contract, salary, working hours, benefits, bank account, salary information, employment status, pension contribution amounts, attendance and absence, information related to your performance and professional development;
• Other categories of personal data and sensitive data (only where relevant):

1. New starter form: marital status, sex and gender;
2. Sick leave: Health data/fitness notes, possible workplace accidents;
3. Optional data: trade union membership;
4. Information related to criminal convictions or crimes;
5. Legal compliance: tax ID, work permit/visa, pension registration, insurance details.

All of this information, and other personal information which we may collect and process, will be referred to collectively in this Information Notice as "Personal Data".

In some cases, we may also receive and process personal data relating to your dependents, beneficiaries or other individuals linked to you (for example, spouse or partner, children or other family members) where needed to provide employment benefits that you are entitled to under applicable law. This information will be used only for benefits administration and legal compliance purposes, and may be shared with relevant benefits providers and, where necessary for benefits administration, with the Client.

Why do we process your Personal Data and why are we allowed to do so?

We will process your Personal Data in order to allow us to provide employer of record and/or other workforce enablement solutions to the Client. This may also include additional related services, such as accounting, administrative, and human resource management activities. We may also need to use your Personal Data to manage our relationships with social security and welfare institutions, as well as with tax authorities and credit institutions, regarding the payment of your wages or other forms of remuneration. In some cases, we need to process your Personal Data to ensure that we can comply with our legal obligations related to your employment contract, as applicable. For example, we may be required to check your entitlement to work in a specific country, to deduct taxes from payments made to you, to comply with health and safety laws, and to enable you to take periods of leave. Depending on your role, we may need to carry out a criminal record check to ensure that you are permitted to fulfil that position. As we need to process your Personal Data in order to manage the performance of your role with us, as well as to carry out obligations and respect specific rights in the field of employment, social security and social protection law, we may do so without your specific consent. This information must be provided to us in order for us to lawfully formalise and properly manage our contractual arrangements with you. Failure to provide this information will prevent us from formalising or continuing our employment or other arrangements.

Additionally, we may share some of your Personal Data, including your employment contract, with the Client for its own administrative purposes and compliance activities and/or requirements, upon the Client’s request. We will only do this where we are reasonably assured that such data sharing is lawful, and that the purposes for which the Client will use your Personal Data are appropriate, in light of the Client’s relationship with you.

What you need to know about providing information about someone else

Please note that when you decide to provide Personal Data about your family members, dependents, beneficiaries or next-of-kin to us (for example, for benefits administration), you confirm to us that you are duly authorized by those persons to share their information with us and, where necessary, with the Client (for instance, because you have obtained consent from them or, where the Personal Data concerns children, because you are their parent or legal guardian). This also means that you may be held responsible for any complaints or claims brought against us, where the use of those Personal Data for the purpose of applying for these benefits was not duly authorised. If you are not authorized to provide such information, please do not provide it to us.

Where do we receive your Personal Data from?

We may receive information about you from:

1. You or your representative;
2. Previous companies you worked for (your references);
3. The Client;
4. Any intermediaries between us and the Client;
5. Social security institutions, insurance companies, credit institutions and any other companies which may be engaged for human resource management (including training and background screening);
6. Public entities, bodies or authorities;
7. Third-party providers involved in payroll, benefits, insurance, training, or other employment-related services, where applicable;
8. Our affiliate companies, where permitted under applicable privacy/data protection laws.

Who may receive your Personal Data?

Your Personal Data may be shared with the following categories of recipients (“Recipients”):

1. The Client;
2. Persons authorised by us to process Personal Data, who have signed a confidentiality agreement in compliance with applicable data protection laws (for example, certain of our employees in our Human Resources/Administration departments, system administrators who may have access to Personal Data during the performance of their duties);
3. Payroll processing companies, consultants, intermediaries, subcontractors, social security and welfare organizations, trade unions, credit institutions and any other entities which may be engaged for accounting, administrative and technical maintenance purposes;
4. Benefits providers (such as insurers, pension funds, health plans) and, where applicable, occupational health providers;
5. Public authorities, bodies or entities to which Personal Data must be communicated under the applicable law or under binding orders from competent authorities; and
6. Our affiliate companies, where permitted under applicable privacy/data protection laws.

Will your Personal Data be transferred abroad?

Currently, we do not transfer Personal Data outside of Jamaica or to any overseas third parties. All Personal Data collected and processed by us is stored and managed within our local operations.

Should this position change in the future, any international transfer of Personal Data will only take place in accordance with applicable data protection laws and with appropriate safeguards implemented to protect such data.

For how long may we keep your Personal Data?

Your Personal Data will be kept for the time necessary to manage the employment relationship (or other arrangement with you), as well as for any additional and relevant periods established by applicable legislation, including any applicable statutory periods for claims related to our arrangements.

Your Privacy Rights

As a data subject, you are entitled to exercise the following rights regarding the processing of your Personal Data, at any time:

• Access your Personal Data (and/or obtain a copy of those Personal Data), as well as information on the processing of your Personal Data;
• Correct or update your Personal Data, where it may be inaccurate or incomplete;
• Request the erasure of your Personal Data, where you feel that the processing is unnecessary or otherwise unlawful;
• Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, or that the processing is unnecessary or unlawful, as well as where you have objected to the processing;
• Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent us from processing your Personal Data for a given purpose;
• Withdraw your consent to processing, where your consent serves as the legal basis for processing. This will not affect the lawfulness of processing carried out prior to your withdrawal.

How to exercise your Privacy Rights

Requests to exercise any of the above rights must be sent in writing:

• to us at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it. or / This email address is being protected from spambots. You need JavaScript enabled to view it.

Contact This email address is being protected from spambots. You need JavaScript enabled to view it., or place of work, if you believe that the processing of your Personal Data that we, or the Client, carry out is unlawful.