PRIVACY NOTICE FOR EMPLOYEES, JOB APPLICANTS AND CONTINGENT WORKERS
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Last updated 9th October 2022
1. What does this notice cover?
References in this Privacy Notice to La Prairie, we or us shall mean La Prairie Group AG and/or its affiliates (see list of entities here: http://www.laprairiegroup.ch/contact.htm).
This Privacy Notice applies to La Prairie employees, job applicants and contingent workers. For the avoidance of doubt, nothing in this Privacy Notice is intended to create any sort of employment relationship directly between the contingent workers or the job applicants and La Prairie.
In case you would like to read this Privacy Notice in a different language, please contact your HR Business Partner and/or your La Prairie contact person.
This Privacy Notice describes how and why we collect and use personal data about you during and after your relationship with La Prairie. It also describes your data protection rights, including a right to object to some of the processing which La Prairie carries out. More information about your rights, and how to exercise them, is set out in section 6 "What rights do you have in relation to my personal data?".
2. What personal data do we collect?
Depending on the type of relationship you have with La Prairie, we process the following categories of personal data about you (to the extent permitted by applicable local law):
2.1. La Prairie employees:
• Contact information: such as your email address, phone number, address, job location and other similar information;
• Identification information: such as your name, last name, gender, ID number generated on La Prairie’s systems, date of birth, videos generated by CCTV cameras (in the Maison La Prairie only), passport number, marital status, nationality, citizenship, immigration status and copies of identity documentation, as permitted and required in order to check your right to work;
• Financial information: such as bank account and payment details, salary or other compensation and social security number for payment and taxation purposes;
• Information relating to company benefits and resources: such as work expenses, benefits you register for, annual leave, use of company equipment, resources and IT systems, travel preferences, pension fund, beneficiaries’ details in relation to life insurance or other benefits, emergency contacts, information about family members (in which case you must inform them before providing such personal data to us) including minors where necessary for the provision of applicable benefits, guarantees or relocation assistance;
• Information concerning your career progression: such as job title, professional experience, education, performance history, training records, skills, career plans, conduct, personality and, where permissible, information about violation of laws or breach of company policies, details of professional registrations.
• Special categories of more sensitive personal data when required to comply with legal obligations (subject to any local requirements or restrictions): religious beliefs, information about your health, including any medical condition, disability and sickness records.
• Special categories of more sensitive personal data where necessary for La Prairie's legitimate interests (in the Maison La Prairie only): biometric data (facial scans).
• Any other information you submit to us (including during the course of any correspondence with us): such as signatures, photographs, opinions, your location if you chose to enable it on a company device and any other information you provide.
2.2. Contingent workers and job applicants:
• Contact information: such as your email address, phone number, address, job location and other similar information;
• Identification information: such as your name, last name, gender, ID number generated on La Prairie’s systems, date of birth and nationality;
• Information relating to La Prairie’s resources: such as your use of company equipment and IT systems and travel and accommodation preferences;
• Information concerning your career progression: such as job title, professional experience, education, references, conduct, personality, performance history, La Prairie training and coaching records, skills and career plans;
• Any other information you submit to us (including during the course of any correspondence with us): such as signatures, photographs, opinions, videos, health condition, your location if you chose to enable it on a company device and any other information you provide.
3. How we collect your personal data?
We collect the above personal data directly from you as well as from your employer in case you are a contingent worker.
On occasion, we may receive or obtain personal data from private and public third parties, such as training entities, professional social networks (if permissible and only information relevant to your professional life), recruiters, employment agencies, coaches, former employers or social insurance companies. These personal data include details of a certification or training you obtained, feedback or references concerning your performance or personality or, as a La Prairie employee, medical conditions or disabilities concerning your insurance coverage.
4. Why do we need your personal data?
We process your personal data for the following purposes:
• Where necessary to establish, perform and terminate your contractual relationship with La Prairie:
o Recruiting and hiring;
o Administering the employment relationship – for example administration of payroll and benefits, absence, compensation, sales quota commission expense management or transfer from different La Prairie affiliates;
o Administering your contract with La Prairie in case you are an independent contractor that provides services to La Prairie.
• Where necessary to comply with a legal obligation:
o Making deductions from payroll for tax and social security purposes and providing information to tax and social security authorities as required by law;
o Complying with labour, health and safety legislation;
o Managing statutory entitlements including sick pay and maternity pay.
• Where necessary for La Prairie's legitimate interests, as listed below, and where our interests are not overridden by your data protection rights:
o Managing and developing the La Prairie employees – for example performance and talent management, training and leadership development, performance review, development planning, succession management, award recognition and employee surveys;
The development planning profile of each La Prairie employee supports the discussion and decision about individual development measures within the dialogue between employees and managers. This allows La Prairie the development of its employees as part of its employer obligations and to achieve global corporate development. It also serves the documentation for an equal treatment of employees and compliance with the labor laws, agreements in the employment contracts, and the applicable works council agreements on development measures (where applicable).
Development planning includes following steps:
• preparation (employee self-reflection and manager preparation)
• development review (data on degree of potential)
• development conversation with filling out of the development plan.
o Establishing, performing and terminating the commercial relationship between your employer and La Prairie in case you are a contingent worker – for example training, absence management, sales quota commission, performance and talent management, coaching and award recognition;
o Arranging professional travel and accommodation, including visa procedures;
o Planning our business;
o Business insights/analytics
o Internal reporting purposes;
o Protecting our legitimate business interests and legal rights, including in connection with legal claims, compliance, regulatory, auditing, fraud prevention and investigative and disciplinary purposes;
o Managing the performance and security of our equipment, facilities, premises, intellectual property and IT systems;
o Publishing internal directories and providing other internal communication tools to be used and accessed by La Prairie group companies;
o To analyse and monitor the diversity and inclusion of the workforce in accordance with applicable laws.
• Where you have given your consent: we ask for your consent where required by local law, for example, to carry out background checks to evaluate eligibility for employment or to collect special categories of more sensitive personal data if no other legal basis listed above is applicable. Where we ask for your consent, you are free to withhold or revoke it.
Your personal data will be stored and processed manually and electronically through global systems and tools for the purposes above.
If it becomes necessary to process your data for reasons other than those already listed above, we will notify you when this need arises.
5. Who will we share this personal data with, and where?
Personal data will be shared with La Prairie's group companies (see list of entities here: http://www.laprairiegroup.ch/contact.htm) and other service providers who perform functions on our behalf and third parties which may be based outside of the European Economic Area.
La Prairie has appropriate safeguards in place to protect your data, including standard EU contractual clauses. To obtain a copy of the document being used to protect your personal data, please contact Data.Privacy@LaPrairieGroup.ch.
In relation to La Prairie employees, we share some of your personal data with other members of the La Prairie group to administer and manage group functions, including to assess your performance and the performance of the La Prairie group companies. We also share your personal data with any other group company to whom you make an application and communicate with, in case you are a job applicant.
Service providers and third parties with whom your personal data may be shared with are:
• companies providing services under contract to the La Prairie group such as IT hosting and maintenance providers and payroll service providers;
• third party benefit providers, such as for the purposes of obtaining health insurance, childcare vouchers and other applicable benefits;
• third party service providers for the purposes of organizing events, trainings and business trips, including but not limited to travel agencies, hotels, restaurants and coaches;
• the La Prairie’s authorised retailers and distributors in case you work advising end consumers on La Prairie products and/or managing the onsite sale of those products;
• where permitted, survey service providers, investigators, employee hotline administrators and data custodians; and
• government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
In the event that the business is or may be sold or integrated with another business, your personal data may (in accordance with applicable law) be disclosed to a prospective purchaser to conduct its due diligence process, our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business. Where required by English law, you will be told of such transfers. The legal basis on which we will process your personal data in this paragraph is our legitimate interest to ensure that our business can be continued by a purchaser.
6. What rights do you have in relation to your personal data?
You may be entitled to ask La Prairie for a copy of your personal data, to correct it, erase or restrict its processing. You may also be entitled to obtain the personal data you provide us for a contract or with your consent in a structured, machine-readable format and ask us to share (port) this personal data to other organisations.
You may at any time object to the processing of your personal data based on predominant legitimate interests.
Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to La Prairie processing your personal data, this will not affect any processing which has already taken place at that time
In the event of your objection/withdrawal, your personal data will not be processed further and will be subsequently deleted by La Prairie, unless further processing of the personal data is required, admissible or otherwise agreed on in accordance with the applicable data protection laws or any other legal provision. We will not further process your personal data, unless we can point out compelling reasons worthy of protection that outweigh your interests, rights or freedoms, or the processing is necessary for the establishment, exercise or defense of legal claims.
It is important that we maintain up to date your personal data. Please notify your HR Business Partner and/or your La Prairie contact person of any changes in your personal data as soon as they occur. From time to time we may ask you to complete a new personal information form to ensure our records are up to date.
Where we require personal data to comply with legal or contractual obligations, the provision of such data is mandatory. If such data is not provided, then we will not be able to manage your relationship with La Prairie or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
We hope that we can satisfy queries you may have about the way we process your personal data. If you have any concerns about how we process your personal data or you wish to exercise any of the rights described above, please contact Data.Privacy@LaPrairieGroup.ch .
If you have any unresolved concerns in relation to your personal data you also have the right to complain to data protection authority in your country of residence or place of the alleged infringement.
7. Which La Prairie company is your data controller?
The data controller for your personal data is your employing company, the company to whom you are applying for a job or the company to whom you or your employer are engaged under a contract (see list of entities here: http://www.laprairiegroup.ch/contact.htm).
For the processing activities in HR Essentials, La Prairie has jointly determined the purposes and means of the data processing. Therefore, the La Prairie Group companies are jointly responsible for the processing of your personal data in HR Essentials. The essence of the arrangement of this joint determination is that La Prairie Group AG, Switzerland, is predominantly responsible to fulfill information duties according to data protection law and provide information on the joint processing for HR Essentials.
You may exercise your rights against every La Prairie Group company with respect to the processing of personal data. However, La Prairie has designated a contact point that might service you in the first place Data.Privacy@LaPrairieGroup.ch.
8. How long will you hold my data?
La Prairie will keep your personal data for a certain period of time based on the following criteria: (i) as long as necessary to execute your relationship with La Prairie; (ii) any applicable legal requirements that oblige La Prairie to hold certain personal data for specific periods; and/or (iii) once your relationship with La Prairie ends, during an appropriate period to protect itself from legal claims or to administer its business.
9. Updates to this Privacy Notice
This Privacy Notice may be updated periodically. We will update the date at the top of this Privacy Notice accordingly and it will be available at any time in HR Essentials/Settings/Privacy Statement or upon request to Data.Privacy@LaPrairieGroup.ch. On some occasions, we may also actively advise you of specific data handling activities or significant changes to this Privacy Notice as required by applicable law.