Personnel Privacy Notice

Last Updated: September 2024

  1. Introduction

    Pocket FMs committed to protecting the privacy and security of your personal data. This Personnel Privacy Notice outlines how Pocket FM Private Limited and Pocket FM Corp (collectively, "Pocket FM", "we", "us", or "our") collect, use, share, and protect the personal data of our employees, independent contractors, job applicants, service providers, and other third parties ("Personnel","you" or "your").

  2. Scope

    This Personnel Privacy Notice applies to the following types of Personnel:

    1. Current and former employees;
    2. Independent contractors and consultants;
    3. Job applicants;
    4. Interns;
    5. Service providers and their employees;
    6. Other third parties who interact with us in relation to employment, recruitment, or business services.
  3. Personal Data We Collect

    We may collect and process the following categories of personal data (including any sensitive personal data):

    1. Identification Data: Name, aliases, date of birth, gender, photograph, nationality, Government identifiers (such as Aadhaar, PAN, social security number or other identification document).
    2. Contact Data: Address, phone number, email address, and information about your family, dependents, and/or emergency contacts.
    3. Employment Data: Job title, work history, qualifications, references, performance evaluations, etc.
    4. Financial Data: Bank account details, salary, tax information, benefits, and other compensation-related details.
    5. Sensitive Data: Health data, biometric data, racial or ethnic origin, union membership, where required by law.
    6. IT Data: User ID, passwords, system access logs, and other IT-related information.
    7. Background Check Data: Criminal record, credit history, and other data as required by law.
    8. Personnel Relationship Data: Other information about you in connection with the Personnel relationship, including without limitation any work products containing your personal data or likeness (e.g., voice, images or videos) which you may provide to Pocket FM from time to time.

    We do not unlawfully discriminate in connection with the Personnel relationship and will only use personal data, including any sensitive information or data, in a lawful manner.

  4. Sources of collection of Personal Data

    We collect personal information about you from, among other places:

    1. Information you provide directly to us, including during the recruitment process, onboarding, and ongoing employment activities.
    2. Information received from external agencies and third parties such as recruitment agencies, artist agencies, agencies conducting background or credit checks, referral programmes, etc.
    3. Information we may receive from third parties, including references from previous employers, professional networks, and in connection with organizational transactions, such as mergers and acquisitions.
    4. Information automatically collected through our internal systems, such as time and attendance systems, workplace monitoring tools (e.g., CCTV, access control), corporate communication tools, and IT support systems.
    5. Information obtained in compliance with legal and regulatory obligations, including data shared with tax authorities, compliance records, and legal proceedings.
    6. Information from public sources, such as professional networking sites (e.g., LinkedIn), where you have made this information publicly available.
  5. Purpose of Processing Personal Data

    We process your personal data for the following purposes:

    1. Recruitment and Hiring: Assessing your qualifications, verifying information, conducting background checks, and making informed hiring decisions.
    2. Employment and Contract Management: Managing all aspects of your employment, including payroll processing, benefits administration, tax compliance, performance evaluations, disciplinary actions, and other contractual obligations related to your role.
    3. Performance Management and Development: Monitoring, managing, and developing your performance to ensure alignment with company goals and objectives. This includes determining your eligibility for hire, promotion, increments, etc.
    4. Business Operations: Facilitating and enhancing our business operations, including promoting and delivering our services to clients and prospective clients, as well as developing and improving our systems, tools, products, and services.
    5. Compliance: Ensuring adherence to legal obligations, such as tax laws, labor laws, data protection regulations, independence requirements, and other professional and regulatory standards.
    6. Security: Protecting the security of our systems, preventing fraud, safeguarding company assets, and maintaining a safe working environment.
    7. Communication: Facilitating effective communication within the company and with third parties, including clients, partners, and service providers.
    8. Business Travel: Facilitating business-related travel arrangements and managing related expenses and logistics.
    9. Resource Monitoring: Monitoring your use of company resources and facilities to ensure they are used responsibly and in accordance with company policies.
    10. Personnel Relationship Management: Addressing additional aspects of the personnel relationship, such as resolving workplace issues, managing employee relations, and supporting your overall well-being and engagement within the company.
    11. Legal Defense: Protecting our legal rights and interests, including in the event of a dispute, litigation, or other legal proceedings.
  6. Legal Basis for Processing

    We process your personal data based on one or more of the following legal bases, as mey be permitted under applicable laws:

    1. Consent: Where required, we will obtain your consent to process certain personal data.
    2. Legitimate Interests: Processing is necessary for our legitimate interests, provided your rights and interests do not override these interests.
    3. Performance of a Contract: Processing is necessary for the performance of an employment contract or other contractual relationships.
    4. Legal Obligation: Processing is necessary to comply with legal obligations to which we are subject.
  7. Data Sharing and Transfers

    We share personal information about you with other entities to fulfill our obligations to you or others or as required or permitted by law, regulation, contract or professional standards. We may share personal information about you with the following types of third parties:

    1. Affiliated Entities: Within our group of companies, as necessary for business operations.
    2. Service Providers: Third parties that perform services for us or that provide services or benefits to you
    3. Clients and Users: Clients, potential clients and other third parties in connection with the promotion and delivery of our services
    4. Third Parties: Third parties in connection with organizational transactions (such as sales, divestitures, reorganizations or mergers); those with whom you have requested us to share information; other third parties when disclosure is otherwise a necessary consequence of the Personnel relationship.
    5. Legal Authorities: Government entities and regulatory bodies, such as law enforcement or national security agencies, regulators or courts, to comply with legal requirements or respond to lawful requests by public authorities.

    We require third parties who perform services for us to agree to treat personal data about you confidentially and securely. We generally do not place requirements on third parties regarding the treatment of personal data about you if the personal data is provided to the third party at your request or in connection with your purchase of goods or services from the third party.

    International Transfers: If we transfer your data outside of your country, we will ensure appropriate safeguards are in place as required by law, such as standard contractual clauses or adequacy decisions under GDPR.

  8. Data Retention

    We retain your personal information for as long as the information is reasonably needed for the purposes described in this Personnel Privacy Notice. We also may retain your personal information to comply with our legal or professional obligations, enforce our agreements, or resolve disputes.

  9. Your Rights

    Depending on the applicable law, you may have the following rights regarding your personal data:

    1. Right to Access: Obtain a copy of your personal data.
    2. Right to Rectification: Request correction of inaccurate or incomplete data.
    3. Right to Erasure: Request deletion of your data, subject to certain conditions.
    4. Right to Restrict Processing: Request the limitation of data processing under specific circumstances.
    5. Right to Data Portability: Receive your data in a structured, commonly used format.
    6. Right to Object: Object to the processing of your data, particularly in relation to direct marketing.
    7. Right to Withdraw Consent: Withdraw consent where processing is based on consent.
  10. Security

    We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.

  11. Updates to this Notice

    We may update this Personnel Privacy Notice from time to time. Any changes will be communicated to you, and the updated version will be available on our website.

  12. Contact Information

    If you have any questions about this Privacy Notice or wish to exercise your rights, please contact: privacy@pocketfm.com.