Recipients and transfers of Personal Data
Your Personal Data may be shared with:
a) The Client;
b) Persons authorized by Mercans to process Personal Data, who have signed a confidentiality agreement (e.g., certain employees in Mercans’ Human Resources / Administration departments), including system administrators, who may have access to Personal Data during the performance of their duties. A list of names of all such persons authorized could be made available upon written request.
c) Payroll processing companies, consultants, social security and welfare organizations, trade unions, credit institutions and any other companies which may be engaged for accounting, administrative and technical maintenance purposes, as well as other entities which typically act as data processors on Mercans’ behalf;
d) Public authorities, bodies or entities to which Personal Data must be communicated under the applicable law or under binding orders from competent authorities; and
e) Other companies within Mercans’ Group.
Your Personal Data may be transferred to Recipients located in several different countries. We may transfer your personal information outside the EU. Mercans implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, written agreements including standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate to the transfer at hand.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Mercans will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment or immigration processes or we may be notified of such information directly by you in the course of you working for us. We may use information about criminal convictions and offences in the following ways:
For considering your suitability for a role with clients or with us
For processing your immigration applications
For sharing with the government authorities, when legally required to do so.
Retention of Personal Data
Mercans will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker, contractor or candidate of the company or an individual working at a Client or potential Client of ours, we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Further information on retention periods is available, upon request to Mercans, at: [email protected].
Your duty to inform us of changes
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your working relationship with us.
As a data subject, you are entitled to exercise the following rights, at any time:
Access your Personal Data being processed by Mercans (and / or obtain a copy of those Personal Data), as well as information on the processing of your Personal Data
Correct or update your Personal Data being processed by Mercans, where it may be inaccurate or incomplete
Request the erasure of your Personal Data being processed by Mercans, where you feel that the processing is unnecessary or otherwise unlawful
Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, or that the processing is unnecessary or unlawful, as well as where you have objected to the processing
Portability – the right to obtain a copy of the Personal Data you provided to Mercans in a structured, commonly used and machine-readable format, as well as to request the transmission of those Personal Data to another data controller
Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent Mercans from processing your Personal Data for a given purpose
Withdraw your consent to processing, where your consent serves as the legal basis for processing – this will not affect the lawfulness of processing carried out prior to your withdrawal.
Requests to exercise any of the above rights must be sent in writing to Mercans at the following address:
In any case, you are always entitled to lodge a complaint with the competent supervisory authority, if you believe that Mercans’ processing of your Personal Data is in violation of the applicable law.
What we may need from you
Mercans may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please write to us at [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this privacy notice
Mercans reserves the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information. If you have any questions about this data protection / privacy notice, please contact us at [email protected].