Candidate and employee survey data processing notice

This Candidate and  Employee Survey Data Processing Notice explains the practices of FIL Investment Management Ltd, Beech Gate, Millfield Lane, Lower Kingswood, Tadworth, Surrey KT20 6RP ("Company" or "we" or "us" or "our") as responsible controller regarding the processing of Personal Data (as defined in section 2 below) in the context of opinion surveys for Candidates and  Employees (“Candidate and Employee Survey”). The purpose of these surveys is to enable the Company to better understand candidate and employee perspectives, and take actions to improve the candidate and employee experience.

1. Candidate and Employee Survey
   
   The Company is conducting this Candidate and Employee Survey and participation is voluntary. There is no statutory or contractual requirement to participate. If you do not participate in the Candidate and Employee Survey, this is of no consequence to you.
   
   The analysis of the Candidate and Employees Survey answers will be conducted by our Service Provider (as defined in section 4 below). The Service Provider will provide us with a report containing aggregated data based on the minimum group size as specified in the introduction to the Candidate and Employee Survey unless no minimum group size applies.
    
2. Data Subjects / Personal Data
   
   The data subjects are Candidates and Employees of the Company ("Data Subjects"). The Company cannot exclude that Data Subjects may potentially be identifiable by the demographic or statistic information provided in response to the Candidate and Employee Survey, in which case the answers and comments within this Candidate and Employee Survey may contain Personal Data.
   
   The following are the categories of data (hereinafter collectively "Personal Data") we may collect:
   
   Name contact information and other identifiers, such as first name, last name, job function, employee ID, and email address.
   
   Other demographic or statistic information, such as office location, seniority, department, opinions about your work experience.
   
   Additionally, you may provide Personal Data to us by providing comments in the Candidate and Employee Survey.
   
   This Candidate and Employee Survey does not intend to collect or process any sensitive or special category data (such as health or diversity data). Although what constitutes sensitive or special category data may vary depending on your jurisdiction, these are usually the following: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, criminal offence data or financial information.
   
   Please do not provide sensitive or special category of data within the free-text comment boxes of this Survey. In the specific cases where the Candidate and Employee Survey may process any sensitive or special category data such as personal data revealing racial or ethnic origin or sexual orientation for the purpose of the Company’s diversity and inclusion initiatives, we will ensure that that there is a lawful basis for such processing in accordance with the relevant applicable law and you will usually be asked to consent to such processing activity.
   
   If you do not wish that your Personal Data is collected and stored, you may not participate in the Candidate and Employee Survey.
    
3. Purposes / Legal Basis
   
   Depending on the processing activity, the legal basis will be carrying out the Candidate and Employee contract, legitimate interests, or consent. The Company may rely on legitimate interests to conduct the Candidate and Employee Survey to improve its recruitment performance by enabling the Company to better understand its candidates and or employees’ perspectives and take actions to improve the candidates and or employees experience. Your answers will be combined with the answers of other candidates and or employees
    
4. Recipients and cross border data transfers
   
   We instructed Towers Watson Software Limited, located at 51 Lime Street, London, EC3M 7DQ, United Kingdom, a Willis Towers Watson company, including its affiliates (collectively “Willis Towers Watson” or “Service Provider”) who contract directly with us to operate the Candidate and  Employee Survey as processor on our behalf.
   
   Willis Towers Watson operates globally so processing activities may involve cross border data transfers to its affiliates and service providers acting as its sub-processors. In such cases, we ensure that an adequate transfer mechanism is in place to afford an appropriate level of protection to Personal Data being processed for the Candidate and Employee Survey.
   
   Additionally, as specified in the survey introduction page, our Service Provider may share your responses with us.
   
   We do not sell Personal Data.
    
5. Automated Decision-Making
   
   Neither the Company nor the Service Provider acting as its processor engage in any automated decision-making in the context of the Candidate and Employee Survey.
    
6. Retention Period
   
   The collected Personal Data is stored by us and our Service Provider to the extent necessary to analyze the survey responses and implement measures that address the findings of the Candidate and Employee Survey. The Personal Data is removed from the system of our Service Provider without undue delay after the end of the processing activities that gave rise to the engagement of the Service Provider. After that, our Service Provider will only store the information in an aggregated form, so that you can no longer be identified from it.
    
7. Questions / Your Rights
   
   To exercise your rights or if you have any questions with regard to the Candidate and Employee Survey please contact your Fidelity recruiter, or existing staff should email the Employee Experience team at  employee.experience@fil.com
   
   Where the legal basis for processing is consent, you can withdraw your consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
   
   The rights afforded to you will depend on the jurisdiction where you are located. By way of example, if you are in the European Union, the General Data Protection Regulation (GDPR) will apply and you are afforded the following rights:
   1. Right of access: You may have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed, and, where that is the case, to request access to the Personal Data. The access information includes – inter alia – the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipients to whom the Personal Data have been or will be disclosed. You may have the right to obtain a copy of the Personal Data undergoing processing. However, this is not an absolute right and the interests of other individuals or statutory provisions may restrict your right of access. 
   2. Right to rectification: You may have the right to obtain the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement. 
   3. Right to erasure ("right to be forgotten"): Under certain circumstances, you may have the right to obtain from us the erasure of Personal Data concerning you and we may be obliged to erase such Personal Data. The right to erasure does e.g. not apply, if the processing is necessary for the establishment, exercise or defense of legal claims. Further, the right to erasure is limited pursuant to statutory provisions.
   4. Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your Personal Data. In this case, the respective data will be marked and may only be processed by us for certain purposes. 
   5. Right to data portability: Under certain circumstances, you may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
   6. Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data by us and we can be required to no longer process your Personal Data.
   7. You also have the right to lodge a complaint with a data protection supervisory authority. 

California Resident Rights

California law grants California residents’ certain rights and imposes restrictions on particular business practices as set forth below.

Notice at Collection: At or before the point of collection, notice must be provided to California residents of the categories of personal information collected and the purposes for which such information is used.

Verifiable Requests to Delete and Requests to Know: Subject to certain exceptions, California residents have the right to make the following requests, at no charge:

• Request to Delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.
• Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:
  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting their personal information;
  • categories of third parties/with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose;
  • categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

California residents may make Requests to Know up to twice every 12 months.

Submitting requests: You can submit Requests to Know, and Requests to Delete by contacting us as stated in Section 7, "Questions / Your Rights".  We will respond to verifiable requests received from California residents as required by law.

Right to Non-Discrimination: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.