Privacy notice for Westchester Employees residents of Brazil (English)

1. Glossary:

Employee: Individual that applied for a Westchester recruiting process with the purpose of competing for a job position. 

Personal data controller: Individual or legal entity, governed by public or private law, which determines the purposes and means of the processing of personal data.

Personal data: Information that relates to an identified or identifiable natural person, such as, name, identity card (RG), Individual Taxpayer Registration Number (CPF), email and phone number.

Sensitive personal data: Personal data on racial or ethnic origin, religious belief, public opinion, affiliation to union or religious, philosophical, or political organization, data relating to the health or sex life, genetic or biometric data, whenever related to an individual. 

Personal data processor: Individual or legal entity, governed by public or private law, that processes the personal data on behalf of the controller. 

Personal data processing: Any operation carried out with personal data, such as those that refer to the collection, recording, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, information evaluation or control, modification, communication, transfer, diffusion, or extraction.

2. General Provisions

2.1 This Privacy Notice applies to all Westchester employees who in any way have their personal data processed by the company, both during and after termination of employment with Westchester.

2.2 This Notice will be continuously updated and improved. Therefore, Westchester claims the right to modify it at any given moment according to the purpose, such as to comply with legislation or standards with the same legal effects.

2.3 The eventual tolerance to any violation of the terms and conditions on this document will be considered and treated as mere freedom and not interpreted as novation, untouchable precedent, waiver of rights, implicit change of contractual terms, vested right or contractual alteration.

2.4 If any provision of this Term is found to be inapplicable or unenforceable, the remaining norms will still have effects, without the need of any judicial measures. The terms herein are to be interpreted by the Brazilian legislation.

2.5 The communication between Westchester and the employee should happen through the indicated and available communication channels, mainly through the e-mail address: privacidade@wgimglobal.comOpens Email

3. Processing of Personal Data

3.1 As you are employed by Westchester, personal data will be collected on behalf of the company itself. 

3.1.1 Data collected includes, but is not limited to:

a. general information such as name, email and date of birth;
b. information provided during recruitment, such as resume, forms, certificates, relevant class entity registration, languages;
c. contact information such as name, address, telephone numbers, emergency contact;
d.identification information such as RG, CPF, CTPS, PIS; and financial details;
f. information about your role;
g.information on marital status, dependents, spouse's name. 

3.2 Westchester will collect personal data from employees and will treat them for the purposes described in item 4. Any processing carried out will be supported on a legal basis. 

3.3 The personal data collected will only be the necessary data (not excessive), being kept according to the periods established by law. 

3.4 Occasionally, Westchester might collect employee’s information on public or thirdparty sources. Besides, the collection means of this information could be offered by the employees themselves when providing data for professional medias. 

3.4.1 Os The personal data that Westchester may obtain on professional medias (such as LinkedIn or job portals) depends on the privacy settings defined by the user with the service of the indicated platform, as well as only the professional information that the user shares on his page. 

3.5 Holders of personal data may exercise the rights provided for in item 9 of this document – “Employee rights”. 

3.6 From time to time, Westchester may also handle sensitive data of its employees in the context of their relationship as an employee, for example, in cases of biometric identification for office entry or time attendance, treatment of medical data for reimbursement and expense purposes with the health plan or related to obligations in the labor sphere. 

3.7 For the purposes of Law No. 13.709/2018 2018 (“Personal Data Protection General Law” or “LGPD”), Westchester will act as controller of employees' personal data.

4. Personal Information usage

4.1 Personal data will be used in a compatible way with the foreseen on this Privacy Notice, for internal or external employment purposes, such as the purpose of ensure a health plan for the employees and their dependents.

4.2 Westchester will use personal data to:

I. Comply with applicable legislation: Manage maternity and paternity leave, time management, sick leave, work accident;
II. Fulfill the performance of the contract - Apply disciplinary sanctions, promotion, dismissal, reimbursement of expenses, offer meal vouchers.
III. Meet the legitimate interest – Hold company events, access and use company tools;
IV. Protect lives or physical safety of employees – Conduct research on vaccination and contamination; Exercising Westchester Rights – Defend the company in legal, administrative or arbitration proceedings;

4.2.1 Westchester will process personal data based on the legal assumptions listed above: compliance with legal obligations, performance of contract, regular exercise of rights, protection of life or physical safety and compliance with legitimate interests. The legal basis may vary depending on the activity performed. 

4.3 The Employee will be informed in advance if Westchester needs to use personal data other than as set out in this Privacy Notice.

5. Children and Teenagers Data

5.1 As a rule, Westchester do not process personal data of children (under 12 years old) or teenagers (people between 12 and 18 years old), but may occasionally process information, including personal data of children, teenagers or other people who are not legally capable in cases where they are dependent on employees, for example, for inclusion in benefits offered, such as health insurance. Whenever Westchester become aware that a child's personal data needs to be processed, we will make reasonable efforts to ensure that at least one parent or guardian consents.

6. Personal Data Sharing

6.1 Westchester may share its employees' data with competent law enforcement or judicial authorities or other third parties, within and outside Brazil, if required by applicable law, by court decision and by request of authorities, or if necessary to carry out the activities provided for in this Notice, respond to legal proceedings or to participate in any litigation or disputes of any nature.

6.2 In these situations, Westchester will cooperate with the competent authorities to the extent that, at its discretion, it deems necessary and appropriate in relation to any investigation of tort, infringement of industrial or intellectual property rights, or other activity that is illegal or that may expose Westchester or others to any legal responsibility or to impose risks on them, except in cases of confidentiality of information contained in the applicable legislation.

7. International Transfer of Personal Data

7.1 In addition, personal data of Westchester may, from time to time, be transferred abroad for the purposes of processing described in this Privacy Notice, in accordance with applicable law, with the adoption of all appropriate safeguards and security measures. to ensure an adequate level of security and data protection. Westchester will only transfer personal data internationally (i) to countries that provide a level of personal data protection adequate as provided for in applicable law; or (ii) using at least one of the following safeguards: (a) specific contractual clauses for a given transfer; (b) standard contractual clauses; (c) global corporate standards; or (d) seals, certificates of compliance or adequacy to the protection of personal data, or regularly issued codes of conduct - in any of these cases, as issued/approved by the competent data protection authority. Westchester may also, if the international transfer does not fit in one of the above cases, make it based on (iii) the employee's consent, (iv) on a contract entered into with the employee, or (v) in compliance with a legal obligation; among other hypotheses provided for in the applicable legislation.

8. Personal Data Storage

8.1 The personal data collected by Westchester will be stored on trustable cloud services. 

8.1.1 When hiring these services, Westchester will seek out companies that employ a high level of security in the storage of its information, establishing contracts that do not violate the privacy definitions foreseen this Privacy Notice. 

8.2 Westchester stores employee data only for the period necessary for the purposes set out in this Privacy Notice, always respecting the data retention period determined by applicable law. 

8.2.1 If employee requests the deletion of their personal data provided, their data will be anonymized or permanently deleted, unless such data is necessary to comply with a legal obligation by Westchester, meet legitimate interests, or for the regular exercise of rights in judicial, administrative proceedings or arbitration. 

8.3 Westchester uses its best efforts to respect and protect employees' personal data against loss, theft or any form of misuse, as well as against unauthorized access, disclosure, alteration and destruction. 

8.3.1 A Westchester will handle the processing of personal data with a high degree of security, implementing the best practices in use in the industry for data protection. However, it is not possible to completely ensure the non-occurrence of interceptions and violations of systems and databases, since the Internet has its security structure in constant improvement. 

8.3.2 In the event of a security incident that results in the destruction, loss, alteration, unauthorized access to, or leakage of personal data, Westchester will immediately assess the risks to the civil liberties and fundamental rights of the personal data holders. Communication to the data holders and/or the National Data Protection Authority will be carried out according to the specific case, after an assessment of the aforementioned risks.

9. Employee Rights

9.1 Employees may exercise the following rights as holders, as provided for in Article 18 of LGPD, in an easy and accessible manner, by contacting our Person in Charge for the Processing of Personal Data, Débora Ferreira, through the email privacidade@wgimglobal.comOpens Email: (i) request confirmation of the existence of personal data processing; (ii) access your personal data; (iii) request correction of incomplete, inaccurate or outdated data; (iv) request the anonymization, blocking or deletion of unnecessary or excessive data; (v) request data portability, within legal limits; (vi) request the deletion of personal data processed with your consent; (vii) request information from public and private authorities with whom Westchester has shared use of data; (viii) obtain information about the possibility of not providing consent and about the consequences of denial; and (ix) revoke your consent. 

9.2 As, as a rule, the legal bases used by Westchester for the processing of employees personal data do not include the consent, some of the rights listed above may not apply.

January 2022