India Privacy Notice
STAFF PRIVACY NOTICE
POINT72 INDIA PRIVATE LIMITED
Point72 India Private Limited, a company incorporated under the laws of India, having its registered office at No 473, 2nd Floor, 12th Cross, Wilson Garden, Bangalore 560 027, India (“Company”, “we”, “our” and “us”) means the entity employing or proposing to employ you; or to which you may be contracted to provide services as a contractor on the date that you receive this document (“Information Provider(s)” and “you”).
1. What Is This Privacy Notice?
1.1. This privacy notice (the “Privacy Notice”) describes how and why the Company collects, uses and discloses the information provided by Information Providers. All Information Providers shall be bound by this Privacy Notice and the Company shall not use any information supplied by Information Providers except in accordance with this Privacy Notice.
1.2. Please take the time to read and understand this privacy notice in conjunction with Point72’s Global Privacy Policy which can be found here.
1.3. The Company may update this Privacy Notice at any time, with or without advance notice. The Company shall not be required to notify the Information Providers of any changes made to this Privacy Notice. It is your responsibility, in such cases, to review the terms of this Privacy Notice from time to time.
2. Why Does The Company Have This Privacy Notice?
2.1. This Privacy Notice is published pursuant to:
2.1.1. Section 43A of the Information Technology Act, 2000;
2.1.2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”);
2.1.3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011; and
2.1.4. Other applicable laws in India.
2.2. In this Privacy Notice, the Company will disclose what kind of information is collected from the Information Providers. It will also specify why the Company collects this information, the modes and means by which it will be used, and the entities or persons who will have access to this information.
3. What Is Personal Information And Sensitive Personal Data Or Information?
3.1. The term personal information means information that the Information Provider provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information including (but not limited to) the heads outlined below. Our practices and procedures in relation to the collection and use of Personal Information have been set out below:
•Your full name (and any previous names), gender, curriculum vitae, date of birth, place of birth, nationality, education and qualification details, marital status, home address and home telephone number, mobile telephone number, next of kin, emergency contact details, bank account details, social security / national insurance number, Permanent Account Number, passport number, driver license details, tax details and your date of hire;
• Information relating to your work permit (including, where required by applicable laws, your entry authorisation, visa or extension of stay) which entitles the Company to hire you in India or any other country;
• Details of your personal investment holdings in accordance with our internal policies on personal account dealing;
• Subject to compliance with local law / regulation, and if it directly affects your ability to perform your job or if there are specific health and safety reasons that make disclosure necessary, whether you have ever consulted a doctor or received any medical treatment while in India and certain details concerning the same;
• Other information concerning you or any of your dependent family members as may be required by applicable law or regulation; and
• Diversity monitoring information (including race, ethnic origin, gender and sexual orientation) and biometric information.
3.2. The Company may collect or generate information about you including:
• Work-related details such as your job title and job description, contact details, performance at work, absences, pay and benefits information, service history, a copy of your agreement with us, passport details, residence permit details, your photograph, health information, pregnancy and / or disability status;
• Personal data that we collect through your use of our email system (including but not limited to your full name, email address and the content, date and time of your email correspondence);
• Information we record through your use of our telephone system where such telephone lines are recorded for regulatory purposes; and
• Information obtained through an exit interview with you (upon your departure from our organisation), including your reasons for leaving.
3.3. The Company may also collect or obtain information from other sources which would include:
• Information from recruitment agencies, background check providers and your named referees (such as your employment history, professional qualifications, education, right to work in India and, subject to any specific authorisation requirements, whether you have any criminal convictions in India or any other country (including traffic offences) or any civil judgments made against you);
• Details of your personal investment holdings in accordance with our internal policies on personal account dealing from investment platforms and brokers; and
• Health data from third party providers who carry out occupational health assessments.
3.4. Under the SPI Rules, sensitive personal data or information of a person means and includes such personal information about that person relating to the following (“Personal Information”):
3.4.1. Passwords;
3.4.2. Financial information such as bank accounts, credit and debit card details or other payment instrument details (“Financial Information”);
3.4.3. Physical, physiological and mental health condition;
3.4.4. Sexual orientation;
3.4.5. Medical records and history;
3.4.6. Biometric information; and
3.4.7. Information received by body corporates under lawful contract or otherwise.
3.5. There is also certain information which will be collected from the Information Provider (such as addresses, email addresses, telephone numbers and other contact information, registration numbers with government documents, etc.) which may be used to personally identify the Information Provider (“Personally Identifiable Information”).
3.6. It is important to note that information that is freely available in the public domain, or accessible under the Right to Information Act, 2005, or any other law will not be considered Personal Information, or as Personally Identifiable Information.
4. Whose Information Is Collected?
4.1. Information Providers are required to give Personal Information and Personally Identifiable Information pursuant to their employment or engagement with the Company. Information Providers can refrain from submitting any information at any time. At all points, it is advised that Information Providers exercise strict caution while submitting any Personal Information about themselves or their family members.
4.2. Information Providers can access, modify, correct and eliminate the data about him / her which has been collected pursuant to his / her decision to become an Information Provider. Any grievances in relation to the information shared by the Information Provider with the Company may be brought to the attention at DataPrivacy@Point72.com.
5. Protection Of Your Information
We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we try our best to provide security that is better than the industry standards, because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to us by you. By providing your Personal Information, you agree and acknowledge to be bound by this Privacy Notice, and you hereby consent that we will collect, use, process and share your Personal Information. All Personal Information collected from you by us is maintained in electronic form. The Personal Information may also be converted to physical form from time to time. Regardless of the manner of storage, we will make commercially reasonable endeavours to ensure that the Personal Information is rendered confidential and will disclose Personal Information only in accordance with the terms of this Privacy Notice.
6. What Kind Of Information Does The Company Collect And How Is It Used?
6.1. Without the need for further, repeated consents (aside from the acceptance of this Privacy Notice) by the Information Providers, Personal Information, Personally Identifiable Information and / or Financial Information shall be collected by the Company on an ongoing basis, for one or more of the following reasons:
6.1.1 To identify the Information Providers, to understand his / her needs and to meet our obligations under your contract with us (including to evaluate your individual performance);
6.1.2 To use for any employment purposes including but not limited for the purpose of enrolling employees under statutory social security contribution schemes and other benefit programs;
6.1.3 To conduct background checks and other onboarding requirements;
6.1.4 To provide ongoing services;
6.1.5 To meet legal and regulatory requirements;
6.1.6 To process payroll and enrol employees under various life, accident and health insurance plans as may be applicable;
6.1.7 To monitor data related to your working time (such as time spent on completing work-related tasks, using applications, and visiting websites);
6.1.8 To manage our information technology and to ensure the security and use in accordance with our policies and procedures of our systems (including our email system);
6.1.9 To detect and protect the Company from error, fraud, and other criminal activities;
6.1.10 To enable us to contact you or your next of kin in the event of an emergency;
6.1.11 In order to carry out diversity monitoring as required by law and / or permitted by law; and
6.1.12 Other reasons which, prior to being put into effect, shall be communicated through an update carried out to this Privacy Notice.
6.2. We regularly review this Privacy Notice and make sure that we process your Information in ways that comply with applicable laws and regulations. All Personal Information collected may be retained with us for such periods as may be necessary and to comply with our legal obligations, to resolve disputes, and enforce our agreements.
7. Transfers Of Personal Data Outside Of India
7.1. The personal data that we collect from you may be transferred to, and stored at, a destination outside of India. It may also be processed by individuals operating outside of India who work for our affiliates in the United States, United Kingdom or elsewhere or for one of our suppliers.
7.2. Where we transfer your personal data outside of India, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in India.
8. Disclosure Of Your Information To Third Parties
8.1. We may disclose your personal data to our affiliates within our corporate group for the following purposes:
• Business Operations & Administration: For the effective management and administration of our business and our affiliates’ business.
• HR Functions: To comply with the functions that each of them may perform relating to regional or global HR operations.
• Compensation & Benefits Benchmarking: To benchmark employee salaries and benefits with similar organizations.
• Regulatory & Compliance Requirements: To assess compliance with applicable laws, rules and regulations, and internal policies and procedures across our business and our affiliates’ business.
• Employee Communication & Emergency Contact: Where your personal data is held as part of an internal directory, enabling adequate communication with you for business purposes or emergencies.
• Data Management & Maintenance: For the administration and maintenance of the databases storing personal data relating to our staff or to staff of our affiliates.
8.2. We will take reasonable steps to ensure that Personal Information is accessed only by staff of our affiliates who require such access for the purposes outlined in this Privacy Notice.
8.3. Additionally, we may share your Personal Information with third-party agents and contractors outside of our corporate group for the purposes of providing services to us, including payroll service providers, IT and communications providers, law firms, accountants, auditors, tax consultants and Approved Publication Arrangement and Approved Reporting Mechanism service providers. These third parties are subject to confidentiality obligations and will process your Personal Information only as necessary for the services they provide.
8.4. We may share your Personal Information with our business partners (including banks, brokers and trading counterparties) to the extent it is necessary for them to receive this information as part of our general business operations.
8.5. Further, in the event of a potential sale, merger, or restructuring of the Company or its assets, we may disclose relevant Personal Information to prospective buyers or investors as part of due diligence processes, subject to appropriate confidentiality safeguards.
8.6. We may also be required to disclose your Personal Information under applicable laws, regulations, or judicial orders. If necessary, we will share your data with government authorities, law enforcement agencies, regulatory bodies, or tax authorities in compliance with their lawful directives.
9. Recording Of Phone Conversations
The Company may record phone conversations made or received using office phones or other communication systems provided by the Company for official and business purposes. Such recordings, where conducted, will be in accordance with applicable laws and used strictly for business, security, compliance, training, or quality assurance purposes.
10. Security
10.1. We use industry standard measures to protect the Personal Information that is stored in our database. We limit the access to your Personal Information to those members and contractors who need access to perform their job function, such as our customer service personnel. All members and data processors, who have access to and are associated with the processing of Personal Information provided by the Information Providers are obliged to respect the confidentiality of every employee’s Personal Information.
10.2. You hereby acknowledge that the Company is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
11. Consent and Binding Agreement
By providing your Personal Information, the Information Provider:
• consents to the collection, use, transfer, sharing and disclosure of your Personal Information on the terms and conditions and in the manner contained in this Privacy Notice; and
• agree that this Privacy Notice will form a binding legal agreement between the Information Provider and us.