CommScope Recruiting Data Protection Notice

CommScope, Inc. of North Carolina ("CommScope" or "Company") provides this Recruiting Data Protection Notice ("Notice") to explain our practices regarding the collection, use, and other processing of certain individually identifiable information about job applicants or other potential employees ("Personal Data"), in connection with recruiting and hiring activities.

1. What Personal Data do we collect?

CommScope collects and uses, and otherwise processes the following categories of Personal Data in consideration of your potential employment at CommScope:

  • Contact information, such as personal and business address, and personal and business phone/fax numbers and email addresses; 
  • Personal identification information, such as name, date of birth, nationality, gender, and country of birth; and
  • Employment qualifications information, such as certificates and degrees obtained, languages spoken and skills, software experience, professional memberships, summaries of strengths and technical areas of expertise, pre-CommScope work history information (previous employers and positions held, dates, locations, supervisors, responsibilities, salary), resume and cover letter information, references and information obtained from them, and related background check (to the extent permitted, and in accordance with applicable law). 

Personal Data will be collected either directly from you via the on-line profile form or via your resume, as well as from authorized third parties (e.g., people you have named as your references, previous employers, schools, public authorities, or public resources), subject to the requirements of applicable law.

The provision of Personal Data as described in this Notice is partly a statutory requirement, partly a contractual requirement under the terms of our recruiting website, and partly a requirement to carry out the recruitment and hiring process with you. In general, you are required to provide the Personal Data, except in limited instances when we indicate that certain information is voluntary. Not providing your Personal Data may prevent CommScope from carrying out recruiting and hiring activities that impact your potential employment with us.

 

2. For what purposes and on what bases do we use and process Personal Data?

CommScope will process Personal Data for the following purposes:

Processing PurposesCategories of Personal Data InvolvedLegal Basis
Recruiting and hiring activities, including administering your recruitment, making a hiring decision (including assessing qualifications, tracking candidates during the application process, and carrying out interviews), verification of credentials and prior employment history, performing background checks where permitted by applicable law, and completing the hiring process in case you should be offered and accept a position with CommScope (including activities related to on-boarding and the new hire process). Contact information, Personal identification information, Employment qualifications information
  • The processing is necessary for the performance of the employment contract with you.
  • The processing is necessary for compliance with a legal obligation to which the Company is subject.
  • The processing is necessary for the purposes of the legitimate interests pursued by the Company or a Company affiliate - as stated in the first column.
 
Complying with applicable laws and employment-related requirements along with the administration of those requirements, including record keeping and reporting for human rights, employment equity, and Foreign Corrupt Practices Act and similar screenings (where applicable). Contact information, Personal identification information, Employment qualifications information
  • The processing is necessary for the performance of the employment contract with you.
  • The processing is necessary for compliance with a legal obligation to which the Company is subject.
  • The processing is necessary for the purposes of the legitimate interests pursued by the Company or a Company affiliate - as stated in the first column.
 

 

3. Under what conditions is Personal Data transferred to other recipients?

You should expect that the Company will transfer your Personal Data to third parties as follows:

  • Within the CommScope Group of Companies. We share your Personal Data amongst the CommScope group of companies, and in particular with CommScope, Inc. of North Carolina in the United States (collectively, the "CommScope Group of Companies"), as necessary for the processing purposes, and in particular to conduct recruiting and hiring activities, and respond to and comply with requests and legal demands. If you transfer to another company within the CommScope Group of Companies, we may send, at the request of your new employer, your personnel file to your new employer, so that it may administer your new employment relationship;
  • With certain acquiring or acquired entities. If the CommScope business for which you submitted your Personal Data, in relation to your interest for an employment position, is sold or transferred in whole or in part or if CommScope is acquiring and integrating another entity into the CommScope entity or business for which you applied for an employment position, your Personal Data may be transferred to the other entity prior to the transaction (e.g., during the diligence phase) or after the transaction, subject to any rights provided by applicable law, including the laws of the jurisdictions where the other entity is located; and 
  • With data processors. Certain third party service providers such as IT support or HR support providers, whether affiliated or unaffiliated, will receive your Personal Data to process such data under appropriate instructions ("Data Processors") as necessary for the processing purposes, in particular to conduct recruiting and hiring activities, comply with applicable laws and employment-related requirements, and other activities. These Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the Personal Data, and to process the Personal Data only as instructed. 


You should expect that the recipients identified above may be located inside or outside the European Economic Area ("EEA").

  • Certain recipients are located in a country outside of the EEA that is recognized as providing an adequate level of data protection from a European data protection law perspective, such as Argentina, Canada (for non-public organizations subject to the Canadian Personal Information Protection and Electronic Documents Act), Switzerland, and New Zealand. Certain recipients in the U.S. are certified under the EU-U.S. Privacy Shield and thereby also recognized as providing an adequate level of data protection from a European data protection law perspective. 
  • Other recipients might be located in countries which do not adduce an adequate level of protection from a European data protection law perspective (in particular, the U.S. and India). Company will take all necessary measures to ensure that transfers out of the EU/EEA are adequately protected as required by applicable data protection law. 
    • With respect to transfers to countries not providing an adequate level of data protection, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out in Section 7 below.
    • The data transfer to Data Processors which are neither certified under the EU-U.S. Privacy Shield nor in a country with other adequacy decision will typically also be protected by such standard data protection clauses.
     

Any access to your Personal Data is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

Company may also disclose your Personal Data as required or permitted by applicable law to governmental authorities, courts, external advisors, and similar third parties.

 

4. For how long does CommScope retain my Personal Data?

Your Personal Data is stored by the CommScope Group of Companies, and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the Personal Data is collected, in accordance with applicable data protection laws. When the CommScope Group of Companies no longer needs to use your Personal Data, we will remove it from our systems and records and/or take steps to properly render it unintelligible it so that you can no longer be identified from it (unless we need to keep your Personal Data to comply with legal or regulatory obligations to which the CommScope Group of Companies is subject). CommScope will generally retain your Personal Data in accordance with the applicable CommScope record retention schedule, unless retention for a longer period is warranted due to a legal requirement, including the need to support or defend a legal claim that is not yet barred by the applicable statute of limitations.

If you accept an offer from CommScope, your Personal Data will be retained for the duration of your employment with CommScope and as necessary in accordance with applicable law and the applicable CommScope record retention schedule.

With your consent, in the event that you are not offered a position with CommScope or decline an offer from us, we will retain your Personal Data for a period of up to three years for U.S. residents or one year for non-U.S. residents, on the above mentioned systems, so that we may inform you of other positions that we believe may be suitable to you. Personal Data retained for this purpose will be processed, used, disclosed and stored in accordance with the policies laid out in this Notice. If you no longer want your Personal Data to be retained for this purpose, you may withdraw your consent as follows:

My Profile > Search Options and Privacy > Review Data Privacy Notice > Revoke > Delete All Data

 

5. Automated Decision-Making

CommScope engages in certain limited automated decision-making, including profiling, for recruiting purposes, in order to efficiently narrow potential candidates to those who can legally be employed in the country in which the position is offered (e.g., work permit, permanent residency, or citizenship) and to those with the industry standard minimum qualifications for the respective position (e.g., professional licensure). If you are applying for a position in a country in which you are not eligible for employment, or for a position requiring an industry standard minimum qualification, for which you do not have, your application may be automatically denied. Additional information in this regard is set out below in Section 6(vii).

 

6. What are my rights?

If you have declared your consent regarding certain types of processing activities (for example, via a separate specific consent form), you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law, you also have the right to: (1) request access to your Personal Data; (2) request rectification of your Personal Data; (3) request erasure of your Personal Data; (4) request restriction of processing of your Personal Data; (5) request data portability of your Personal Data; and/or (6) object to the processing of your Personal Data. Please note that these aforementioned rights might be limited under the applicable national data protection law.

(i)      Right of access: In certain circumstances, as provided by applicable data protection law, you 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 recipient to whom the Personal Data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.

You may have the right to obtain a copy of the Personal Data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

(ii)      Right to rectification: In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us 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.

(iii)      Right to erasure (right to be forgotten): In certain circumstances, as provided by applicable data protection law, you have the right to obtain from us the erasure of Personal Data concerning you and we may be obliged to erase such Personal Data.

(iv)      Right to restriction of processing: In certain circumstances, as provided by applicable data protection law, you 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. As the Company processes and uses your Personal Data primarily for purposes of carrying out the contractual employment relationship with you, the Company will in principle have a legitimate interest for the processing which will override your restriction request, unless the restriction request relates to marketing activities.

(v)      Right to data portability: In certain circumstances, as provided by applicable data protection law, you 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.

(vi)     Right to object:

Under certain circumstances, as provided by applicable law, you 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 are required to no longer process your Personal Data.

If you have a right to object and if you exercise this right, your Personal Data will no longer be processed for such purposes by us unless the Company demonstrates compelling legitimate grounds pursuant to the GDPR. You may exercise this right by contacting us as stated in Section 7 below.

This is not an absolute right and does not apply in certain situations, such as when processing is necessary to perform the employment contract, to comply with applicable EU or member state law, or to defend legal claims.

 

(vii)      Right to not be subject to a decision based solely on automated processing: Under certain circumstances, you have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Where such right applies, we will allow you to request human intervention, express your point of view, and/or contest the decision, however doing so may not change the outcome. To exercise your rights please contact us as stated in Section 7 below. You also have the right to lodge a complaint with the competent data protection supervisory authority.

 

7. How do I reach the contact person for questions?

If you have any questions about this Notice, or if you would like to request rights or a copy of the appropriate safeguards concerning your Personal Data, please contact us at privacycontact@commscope.com.

CommScope's Data Protection Officer for Germany can be contacted at:

datenschutz süud GmbH
Wörthstraße 15
97082 Würzburg, Germany


Updated: June 2018