HR Data Privacy Framework Policy
This HR Data Privacy Framework Policy (“HR DPF Policy”) supplements BlueMatrix’s Employee Privacy Notices and its Privacy Policy. This HR DPF Policy applies to the transfers of personal data from the European Economic Area (EEA), the United Kingdom (UK) and Gibraltar, Switzerland to the United States.
BlueMatrix I, LLC (“BlueMatrix”) complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), (collectively the “Data Privacy Framework” or “DPF”) as set forth by the U.S. Department of Commerce.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, BlueMatrix commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF in the context of the employment relationship.
Personal data may be processed on servers located outside of the country where you reside. Our Privacy Policy describes the way we protect your personal data. In addition to those protections, we provide the following protections in respect of data transfers from the EEA, UK and Gibraltar, Switzerland.
We may be required to share personal data with a third party or body where such disclosure is required to satisfy applicable law or other legal or regulatory requirement, or to protect our rights or property. This may include in response to lawful requests from a competent authority or body and to meet national security or law enforcement requirements.
Choice
If personal data covered by this Privacy Policy is to be used for a new purpose that is materially different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party in a manner not specified in this Policy, BlueMatrix will provide you with an opportunity to choose whether to have your personal data so used or disclosed. Requests to opt out of such uses or disclosures of Personal Data should be sent to us as specified in the “Contact Details” section below
Contact details
Data Protection Officer:
BlueMatrix I, LLC
320 Blackwell Street, Suite 300
Durham, NC 27701 USA
dataprotection@bluematrix.com
Adequacy Decisions
Where the European Commission has made an “adequacy decision” in respect of a country outside the European Economic Area (EEA) (i.e. determined that the country provides adequate data protection), personal data can be transferred from the EEA to that country without further safeguards being necessary. The UK and Switzerland have adopted similar adequacy mechanisms to allow personal data to be sent to countries that they consider provide adequate data protection. BlueMatrix I, LLC relies on the European Commission’s adequacy decisions, as well as the UK adequacy regulations and Swiss adequacy decisions.
Standard Contractual Clauses
Where there is no adequacy mechanism in place, we rely on Standard Contractual Clauses (SCCs) for data transfers from the EEA, the UK and Switzerland to third countries as these provide appropriate data protection safeguards. SCCs have been approved by the European Commission and must be used in their original form without modification.
EU-US and Swiss-US Data Privacy Frameworks and UK Extension
BlueMatrix complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. BlueMatrix has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. BlueMatrix has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.
In compliance with EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, BlueMatrix commits to cooperate and comply with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), the Gibraltar Regulatory Authority (GRA), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Third party disclosure | Lawful basis for processing including basis of legitimate interest |
|---|---|---|---|
| To register you as a new employee | Identity Contact | Background screening agencies | Performance of an employment contract with you Background Screening |
| To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy Asking you to leave a review or take a survey | Identity Contact Profile Marketing and Communications | Response collection agencies Email service providers | Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | Identity Contact Technical | Forensic investigation specialists Legal Counsel | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) Necessary to comply with a legal obligation |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | Technical Usage | None | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may differ depending on your place of residence.
GDPR, the UK’s Data Protection Act and Switzerland’s Federal Act on Data Protection provide the following rights to citizens of the EEA, the UK and Switzerland respectively:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
GDPR and the UK’s Data Protection Act provide additional rights for EEA and UK citizens to:
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data if you want us to establish the data's accuracy, or where our use of the data is unlawful but you do not want us to erase it, or where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at dataprotection@bluematrix.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
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 relationship with us.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Complaints
You may also have the right to complain to the competent data protection supervisory authority. Contact details of the data protection authorities in the European Economic Area can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en and in the UK at https://ico.org.uk/global/contact-us/ Before making a complaint to the data protection authority we would the opportunity to deal with your concerns, so please contact our data privacy Officer in the first instance at dataprotection@bluematrix.com.
Data subjects may contact the relevant independent recourse providers listed below:
EU Data Protection Authorities (https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm)
Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html)
UK Information Commissioner’s Office (https://ico.org.uk/)
The alternative dispute resolution services of the data protection authorities are provided at no cost to you.
If a dispute or complaint cannot be resolved by BlueMatrix or by the EU DPAs, the Swiss FDPIC, or the UK ICO, you have the right to require that BlueMatrix enter into binding arbitration pursuant to the DPF’s Recourse, Enforcement and Liability Principle and Annex I of the DPF.
We remain liable for any of your personal information that is shared by us with third parties for external processing on our behalf. BlueMatrix is subject to the investigatory and enforcement powers of the US Federal Trade Commission.
If you have an inquiry regarding our privacy practices in relation to our DPF certification, please contact our Privacy Officer at dataprotection@bluematrix.com.
Effective Date: 01/24/2025
Version: 1.0
Last updated: 02/27/2025