Privacy Notice for Applicants and Employees

Personal data collected

The personal data that may be collected during the course of your recruitment and selection process, or in case you are hired during the employment relationship that links us with you, will belong to the following categories: (i) Identification Data: full name; gender; date of birth; country of origin, citizenship and nationality; work visas and/or permits to work in Mexico or abroad; Federal Taxpayers Registry (RFC) code; Unique Population Registry Code (CURP); Mexican Social Security Institute (IMSS) affiliation number; images; photographs, fingerprints, photo IDs; particular signs; signature; (ii) Contact Data: address; telephone numbers; cellular numbers; e-mail; IP (Internet Protocol) address; real-time location; (iii) Employment and academic data: curriculum vitae; occupation; employment references; personal references; information related to previous employment; documents proving academic preparation and degree; results of verification studies of the information you provide to THE COMPANY; work performance; disciplinary records, training records; (iv) Third Party Data: data of economic dependents and beneficiaries such as name; date of birth; relationship; contact data; identification and contact data of designated persons in case of emergency; (v) Tax and social security data: tax returns and tax withholdings, contributions, worker-employer contributions, number and details of credits with INFONACOT and/or INFONAVIT (if applicable); (vi) Personal data from publicly accessible sources and received via consented transfer: data from public registries, directories, social networks and other lawful sources available in the market; (vii) Personal data from social networks: personal data and information that you have shared publicly on social networks (such as Facebook, Twitter, LinkedIn, among others), including information that you have shared in any other way with a public nature. 

In addition, examinations and background checks may be collected and/or performed periodically to collect Sensitive Data (which should be understood to be included within the term "personal data") and which require special protection such as results of psychometric evaluations and examinations; results of medical examinations, including audiometric examinations, blood tests, serological examinations or for the detection and containment of contagious diseases including COVID-19 and information related to the application of the vaccine against COVID-19, X-rays, and temperature tests; medical and family history (if a family member has or has had a communicable disease, if they are elderly, pregnant, chronically ill, immunosuppressed or any other condition that makes them vulnerable), criminal, employment and credit history; health and medical conditions including medical issues for which you have been absent; also THE COMPANY may collect the image of the people who enter and transit in its facilities for their safety and that of the people who are in them; as well as financial or property data: such as salaries, expenses, withholdings and taxes, as well as information contained in Digital Tax Receipts by Internet (CFDI), deductions, contributions to the savings fund (if applicable); in case of termination of the employment relationship with THE COMPANY, data related to the payment of settlements and liquidations, separation payments, bank accounts, and beneficiaries. 

In addition, THE COMPANY may request you to show original documentation and provide copies thereof, as evidence to support the information you have provided. 

Purposes and/or uses of personal data

The personal data collected by THE COMPANY may be used for the following necessary purposes: (i) carrying out personnel selection procedures for hiring, evaluation of your experience, knowledge, skills and abilities necessary for the position for which you are applying, including identification and contact, as well as verification of the information provided; (ii) evaluation of your health and physical condition and only in case of being hired or employed by THE COMPANY: (iii) for compliance with any legal obligation related to the information provided and derived from the employment relationship; (iv) performance evaluations, carrying out disciplinary records and for purposes of job promotion; (v) to provide access to information about the employment relationship with THE COMPANY, to manage human resources and related activities therewith; (vi) compliance with THE COMPANY's policies; (vii) for the elaboration of all types of reports in the relationship with our employees; (viii) to determine employment positions and perform talent management and personnel administration; (ix) time and attendance administration; (x) for the payment and administration of payroll; (xi) payment and administration of payroll; (xii) payment and administration of benefits, withholding and payment of employee and employer fees and contributions, withholding and payment of taxes, benefits, bonuses, reimbursements, pensions, settlements, insurance and others, if applicable; (xii) contracting of medical, life, disability, and other insurance, if applicable; (xiii) preparation and maintenance of THE COMPANY's directory; (xiv) lists for e-mailing and sending internal communications; (xv) conducting medical examinations for the detection of alcohol and drug use, biometric interface, evaluating health status, as well as for the prevention and containment of contagious diseases including COVID-19 and evaluating and monitoring symptoms related to the same; (xvi) for the performance of internal or external research processes and/or other processes pursuant to the policies of THE COMPANY; (xvii) to be exhibited in case of national and international lawsuit or in any administrative or any other kind of proceedings followed before a competent authority, whether national or international, and in general to comply with authority orders and legal obligations and for the defense of the interests and rights of THE COMPANY, its affiliates, subsidiaries and any individual or legal entity with which THE COMPANY has, has had or may have a business relationship; (xviii) to protect the property and rights of THE COMPANY and related companies, as well as the confidentiality of their information; (xix) to carry out studies, analysis or reviews (monitoring), in order to ensure the safety of employees inside and outside the workplace and may make use of real-time location applications and ensure the confidentiality of the information owned by THE COMPANY, and for the prevention, investigation or detection of the commission of crimes and to file complaints against those potentially responsible, as well as to protect our employees against third parties who have committed crimes or fail to comply with the obligations with THE COMPANY. For this purpose, THE COMPANY may carry out a random review according to its policies of the information contained in computers, mobile devices and other devices provided as work tools or property of THE COMPANY, including the use made of the Internet and networks; (xx) to carry out and/or be audited to carry out any merger and/or acquisition and/or restructuring, (xxi) contact designated persons for emergency cases, (xxii) carry out employee opinion surveys, (xxiii) carry out relocations, (xxiv) for international mobility, (xxv) carry out audits aimed at finalizing any merger or acquisition, (xxvi) contact designated persons for emergency cases, (xxvii) carry out employee opinion surveys, (xxviii) carry out relocations, (xxix) for international mobility; (xxx) to conduct performance management reviews or other development reviews; (xxxi) to assess how your health impacts your ability to perform your job and whether any accommodation is required; (xxxii) to conduct internal conferences; (xxxiii) to book business travel; (xxxiv) if applicable, to carry out termination of employment with THE COMPANY, (xxxv) to promote the services of THE COMPANY and/or its group, including to customers and the general public, (xxxvi) for video surveillance for security reasons of THE COMPANY, (xxxvii) to carry out evaluations and/or activities with the purpose of identifying the need to adopt preventive and/or corrective measures in the workplaces of THE COMPANY, and in general, for compliance with legal obligations, including being exhibited to authorities or private parties for compliance with obligations under the law.  

In case you are employed or hired by THE COMPANY, personal data may be used for any purpose related to the initiation, administration and termination of your employment relationship with THE COMPANY. 

Also, personal data may be used for non-necessary or secondary purposes such as (i) communications (including e-mails) regarding THE COMPANY; (ii) developing and maintaining a database for future employment opportunities with THE COMPANY; and (iii) providing employment references to prospective and/or future employers or recruiting agencies.  

To limit or express your refusal on the use of these non-necessary purposes, you can submit your request in writing to legal@justworks.com.   

Transfer of your personal data

THE COMPANY may transfer to third parties, national or foreign, your personal data and/or sensitive personal data and/or financial data in order to fulfill the purposes described; likewise, in case there is a corporate restructuring including merger, consolidation, sale or total or partial transfer of our business or assets, it may be necessary the national or international transfer of personal data. The third parties to whom THE COMPANY may transfer your personal data may be other affiliated companies or subsidiaries acting under the same policies and procedures as THE COMPANY, external professional advisors acting on behalf of and for the account of THE COMPANY or its customers and/or suppliers, service providers who are hired to fulfill the purposes described and who act on behalf of and for the account of THE COMPANY or its customers and/or suppliers, potential purchasers of THE COMPANY’s business or assets or insurance companies with whom insurance is contracted, external auditors, as well as companies that carry out benefits and financial administration, in addition to customers of THE COMPANY to whom services are provided and third parties acting on behalf of such customers. THE COMPANY may transfer your personal data when necessary for the pursuit of justice and recognition of a right in a judicial process, as well as to Mexican or foreign authorities that so require the COMPANY, to comply with requirements of competent authorities, applicable regulations or obligations under the law, or to be exhibited as evidence in court in Mexico or in any country abroad.

THE COMPANY undertakes to transfer only that information that is absolutely and strictly necessary. When THE COMPANY shares your personal data with third parties it will use its best efforts to ensure that such third parties take the necessary measures to protect the confidentiality and security of your personal data. THE COMPANY will require such third parties to comply with applicable data protection laws, policies and THE COMPANY’s Privacy Notice and will prohibit them from using your personal data for a purpose other than that for which they have been engaged.   

THE COMPANY will ensure that such information is safeguarded in accordance with the principles of personal data protection recognized by the Federal Law for the Protection of Personal Data in Possession of Individuals and its Regulations (the “Law”) and that, if applicable, the recipient of the data assumes the same obligations as THE COMPANY, and will therefore agree to contractual obligations related to the security of data protection. 

THE COMPANY never sells personal data, nor assigns or transfers your personal data to third parties outside THE COMPANY, without your prior consent, except as set forth herein. However, THE COMPANY may transfer your personal data when such transfer is provided by law.

Security measures

THE COMPANY has adopted the administrative, technical and physical security measures it considers necessary to protect your personal data, which will be securely stored in an electronic database, against damage, loss, alteration, destruction or against unauthorized use, access or processing. 

Access to your personal data, held by THE COMPANY, will be limited to persons who need to have access to such information, for the purpose of carrying out the purposes identified in this Privacy Notice and for the time necessary to do so. 

Protection of minors, persons in a state of interdiction or incapacity

THE COMPANY does not collect or process personal data of minors, persons in a state of interdiction or incapacity, unless they have been provided by a parent, guardian or legal representative, as applicable. In the event that THE COMPANY believes that personal data has been provided by a minor, an incapacitated person or a person in a state of interdiction, in contravention of this Notice, we will proceed to delete such personal data as soon as possible. If you are aware that any personal data has been provided by a minor under the age of 18, or by a person who is incapable or under a state of interdiction, please send an email to: legal@justworks.com

Rights that correspond to the holder of personal data

You, as holder of personal data may exercise the rights of access, rectification, cancellation and opposition ("ARCO" rights), established in the Law. Likewise, you may revoke, at any time, the consent you have given and that is necessary for the processing of your personal data.  To revoke your consent for the processing of your personal data, you must submit your request to the e-mail legal@justworks.com. Please note that in case of revoking your consent, THE COMPANY will not be able to comply with the purposes described above including legal obligations.

In order for THE COMPANY to be able to follow up on your request, you or your legal representative must provide proper proof of your identity, so you must accompany your request with a copy of a valid official identification.

In the event that the information provided in your request is erroneous or insufficient, or if the corresponding accreditation documents are not accompanied, THE COMPANY, within five (5) business days following receipt of the request, may require you to provide the elements or documents necessary to process it. You will have ten (10) business days to respond to the requirement, counted from the day after you have received it. If you do not respond within this period, the corresponding request will be deemed not to have been filed.

THE COMPANY will communicate the response within a maximum period of twenty (20) working days from the date on which the request and its complete documents were received, in order that, if appropriate, make it effective within fifteen (15) working days after the response is communicated. The response will be sent electronically to the e-mail address specified in your request.

Choices to limit the use or disclosure of your personal information

You may limit the use or disclosure of your personal information to prevent its use or disclosure.

If you wish to limit the use or disclosure of your personal data, you must submit your request to legal@justworks.com, with the understanding that THE COMPANY would not be able to comply with some of its obligations if this happens. 

Changes to the Privacy Notice

In case of changes, updates or modifications to this Privacy Notice, the updated version of the same will be made available to you upon request submitted to legal@justworks.com].  

Contact

If you have any questions or comments regarding this Privacy Notice or if you would like to exercise any of your legal rights, please contact legal@justworks.com.

The defined terms provided in this Privacy Notice shall have the meaning ascribed herein, and, otherwise, the meaning provided in the Law (including its Regulations) and/or any regulations that replace them.

EXPRESS CONSENT OF THE OWNER

I acknowledge and confirm that I have read and understand this Privacy Notice and I do give my consent to the processing and transfer of my personal, financial and sensitive data for the necessary and non-necessary purposes under the terms hereof. Likewise, I confirm that I have informed the persons whose personal data I have provided about the treatment that will be given to their data and that I have their authorization to provide them.  

In terms of the Federal Law for the Protection of Personal Data in Possession of Individuals and its Regulations, we inform you that, in case of refusal to respond to requests for access rights, rectification, cancellation or objection (ARCO rights) or any other right related to your personal data, or disagreement with the same, you may file before the National Institute of Transparency, Access to Information and Protection of Personal Data, the corresponding Request for Protection of Rights in the terms and terms set forth in Chapter VII of the Law and other related, as well as those corresponding to the Regulations.