AEON Intercultural USA (AEON USA) is committed to protecting the privacy and security of the personal information of its job applicants.
Personal data will be collected and used during the recruitment and selection process by AEON USA and AEON Corporation of Japan (AEON Japan). Information submitted through the online application form, by email or at an in-person interview will be stored and processed for recruitment purposes only.
For successful applicants, your information will be shared with AEON Corporation of Japan for employment purposes as well as with Japanese Immigration for the processing of the work visa.
For applicants from the EEA, all handling of your information will be done in compliance with the General Data Protection Regulation, (GDPR)
For the purposes of the GDPR, AEON USA is a “data controller.” This means that we are responsible for deciding how we hold and use personal data about you and ensuring that such use is in compliance with the GDPR. We are required under the GDPR to notify you of the information contained in this privacy notice.
It is important that you read this notice, together with any other privacy notice AEON USA may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of how and why AEON USA are using such information. This notice does not form part of any contract of employment or other contract to provide services. AEON USA may update this notice at any time.
Data Protection Principles
AEON USA will comply with data protection law. The law under the GDPR states that the personal data we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
The Kind of Data Held about You
Personal data means any information relating to an identified or identifiable living individual. It does not include data where the identity of the individual has been removed (anonymous data).
There are “special categories” of sensitive personal data which require a higher level of protection.
AEON USA may collect, store, and use the following categories of personal data about you in relation to the recruitment and selection process:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
- Date of birth.
- Education and qualification details.
- Recruitment information (including copies of right to work documentation, references and other information included in a Resume/CV or cover letter or as part of the application process).
- Employment records (including job titles, work history, working hours, training records, professional memberships and a copy of your employment contract).
- Professional contact details.
- Passport details.
- References from former employers/educational establishments. This may include performance and conduct information, absences, disciplinary and grievance information and any other related information provided by your former employer or educational establishment.
- Personal data that we collect through your use of our website (including email) such as your full name, email address and the content, date and time of your email correspondence.
- Notes from face to face interviews, web interviews, and phone calls
- Current salary and benefit information.
It may also be necessary to collect, store and use the following “special categories” of sensitive personal data:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
- Information about your health, including any medical condition or disability, so we can make reasonable adjustments for candidates who have a disability.
- Information about criminal convictions and offences.
How Your Personal Data is Collected
Personal data about Job Applicants is collected through the application and recruitment process, directly from Job Applicants (applications or queries received via the AEON USA website or email). We may sometimes collect additional information from third parties including former employers, educational establishments, credit reference agencies or other background check agencies, clients, immigration services providers, and medical services providers.
How is your personal data collected
The personal data about Job Applicants from the EEA will only be processed when the GDPR allows this to occur. Most commonly, Job Applicants personal data will be used in the following circumstances:
- Where it is needed to comply with a legal obligation.
- Where it is necessary for the legitimate interests of AEON USA, and your interests and fundamental rights do not override those interests.
Job Applicants personal data may also be used in the following situations, which are likely to be rare:
- To protect the Job Applicant’s interests (or someone else’s interests). For example, in the event of having to provide sensitive personal data in the event of illness or injury where a Job Applicant is unable to provide that information themselves.
- Where it is needed in the public interest or for official purposes.
Situations in which Your Personal Data may be Used
All the categories of data in the list above are primarily needed to allow AEON USA to comply with legal obligations [*].
In some cases AEON USA may use your personal data to pursue legitimate interests of our own [**], provided your interests and fundamental rights do not override those interests. The situations in which Job Applicant personal data will be processed in relation to the recruitment process are listed below. AEON USA has indicated by asterisks the purpose or purposes for which processing has or will take place in relation to Job Applicant personal data, as well as indicating which categories of data are involved.
- Manage recruitment process and assess job applicant’s suitability (including the job offer).**
- Checking you are legally entitled to work in Japan.*
- Business management and planning.**
- Dealing with legal disputes involving job applicant (including accidents/incidents occurring during interviews with AEON USA).*
- Complying with health and safety obligations.*
- Equal opportunities monitoring. **
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If You Fail to Provide Personal Information
If you fail to provide certain information when requested, AEON USA may not be able to assess your suitability for the employment opportunity you applied for.
AEON USA could be prevented from complying with the legal obligations owed to you (such as to ensure the health and safety of visitors). Depending upon the particular failure, AEON USA might not be able to employ/engage you.
If you do not agree to our processing of your data in the manner outlined in this privacy notice, please do not submit any personal data to AEON USA directly or via an employment agency.
Change of Purpose
Job Applicant personal data will only be used for the purposes for which it is collected, unless it is reasonably considered that AEON USA needs to use the data for another reason and that reason is compatible with the original purpose. If your personal data is needed for an unrelated purpose, AEON USA will notify you and will explain the legal basis which allows us to do so.
Please note that AEON USA may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How We Use Particularly Sensitive Personal Data
“Special categories” of sensitive personal data (“Sensitive Personal Data”) require higher levels of protection. We need to have further justification for collecting, storing and using Sensitive Personal Data. AEON USA has in place an appropriate policy document and safeguards which we are required by law to maintain when processing Sensitive Personal Data.
Job Applicant Sensitive Personal Data may be processed in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where it is needed to carry out our legal obligations or exercise rights in connection with your engagement.
- Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, sensitive personal data may be processed where it is needed in relation to legal claims or where it is needed to protect your interests and you are not capable of giving your consent, or where you have already made the information public.
Processing of such data about Job Applicants or former Job Applicants may also be undertaken in the course of legitimate business activities with the appropriate safeguards.
Obligations of Data Controllers
AEON USA could use your sensitive personal data in the following ways:
- Using information about your physical or mental health, or disability status, to ensure your health and safety (make reasonable adjustments at the interview) with AEON USA.
- Using information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
- Using information provided from pre-employment screening which may include criminal record checks and credit checks, to assess whether you are suitable to perform certain jobs given the contractual obligations which AEON USA owes to AEON Japan (and it may be necessary for confirmation in relation to such records to be provided to AEON Japan in order that any necessary legal obligations are complied with).
- Using evidence relating to your national origin to determine whether you are entitled to enter and work in Japan.
Your consent is not needed if AEON USA uses your Sensitive Personal Data in accordance with their respective Data Protection Policy to carry out legal obligations or exercise specific rights in the field of employment law. In limited circumstances, you may be approached for your written consent to allow the processing of your Sensitive Personal Data. If so, you will be provided with full details of the information that is needed and the reason it is needed, so that you can carefully consider whether you wish to consent. You should be aware that that you do not need to agree to any request for consent from us; where consent is not provided, the consequences of failing to supply consent (if any) will be made clear to you.
Information about Criminal Convictions
AEON USA may only use Sensitive Personal Data relating to criminal convictions where the law allows it. This will usually be where such processing is necessary to carry out our obligations and provided it is done so in line with the Data Protection Policy and Data Retention, Archiving and Deletion Policy of AEON USA or AEON Japan.
Less commonly, Sensitive Personal Data of a Job Applicant relating to criminal convictions may be used where it is necessary in relation to legal claims, where it is necessary to protect the Job Applicant’s interests (or AEON Japan’s) and the Job Applicant is not capable of giving consent, or where the Job Applicant has already made the information public.
AEON USA may share your data internally for the purpose of the recruitment and selection process (this includes HR team members and recruiting managers). AEON USA may transfer your personal data to AEON Japan for the purpose of the recruitment and selection process or where we have another legitimate interest in doing so. When your data is transferred to AEON Japan, you can expect a similar degree of protection in respect of your personal information.
AEON USA has put in place measures to protect the security of your information. AEON Japan will only process your personal data in accordance with their legal obligations as data controllers under the GDPR. AEON Japan will be bound by the provisions of the GDPR (as they will be contractually bound to AEON USA to comply with the GDPR).
Since AEON Japan will be bound to comply with the GDPR, AEON Japan is bound to have in place appropriate security measures to prevent your personal data which they may need in relation to recruitment and selection process pursuant to the agreement between both parties from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. They will also be required to limit access of your personal data to those employees, agents, contractors and other third parties who have a business need to know.
AEON Japan will have in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data Security in Japan
AEON Japan is a data controller in their own right, and they are themselves required to comply with the GDPR and take appropriate security measures to protect personal data. Further, AEON USA has in place a contract that confirms to AEON USA that AEON Japan is required to comply with the GDPR. All of your rights under the GDPR in relation to AEON Japan should therefore be preserved.
In the case of unsuccessful Job Applicants, AEON USA will hold your data on file for one year from the date your application of employment was unsuccessful (this includes speculative Resumes/CVs).
At the end of this period, your data is deleted (e.g. soft copies of your Resume/CV) or destroyed (e.g. hard copies of your Resume/CV) unless we need to retain it for longer in order to exercise or defend any claims.
In the case of successful Job Applicants, personal and sensitive personal data obtained during the recruitment and selection process will form a part of your personal file and will be retained for the duration of your employment.
Your Duty to Inform Us of Changes
It is important that the personal data that AEON USA and AEON Japan hold about you is accurate and current. Please keep AEON USA and AEON Japan informed if your personal data changes during the recruitment and selection process.
Under certain circumstances, by law you have the right to:
- Request access – to your personal data (commonly known as a data subject access request (DSAR)). A DSAR enables you to receive a copy of the personal data AEON USA holds about you and to check that we are lawfully processing it.
- Request correction – of the personal data that held about you. This enables you to have any incomplete or inaccurate information AEON USA holds about you corrected.
- Request erasure – of your personal data in certain circumstances. This enables you to ask AEON USA to delete or remove personal data where there is no good reason for continuing to process it. You also have the right to ask AEON USA to delete or remove your personal data where you have exercised your right to object to processing (see below). Please note that there may be circumstances where you ask AEON USA to erase your personal data but AEON USA is legally entitled to retain it.
- Object to processing – of your personal data in certain circumstances. You would also have the right to object if AEON USA was processing your personal data for direct marketing purposes. Again, there may be circumstances where you object to AEON USA processing your personal data but it is legally entitled to continue processing your personal data and/or to refuse that request.
- Request the restriction of processing – of your personal data in certain circumstances. This enables you to ask AEON USA to suspend the processing of personal data about you, for example if you want AEON USA to establish its accuracy or the reason for processing it. There may be circumstances where you ask AEON USA to restrict our processing of your personal data but it is legally entitled to continue processing your personal data and/or to refuse that request.
- Request the transfer – of your personal data to another party.
- Right to withdraw consent – In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once AEON USA has received notification that you have withdrawn your consent, we are required to no longer process your data for the purpose or purposes you originally agreed to, unless we/they have another legitimate basis (other than consent) for doing so in law.
You may make requests by sending an email to email@example.com.
If you have any questions about this privacy notice, please email us at firstname.lastname@example.org.
Designated EU Representative
For applicants from the EEA, AEON USA’s designated representative in the EU may be contacted at the following address:
PLANIT // LEGAL
Neuer Wall 54, 20354 Hamburg, Germany
Changes to this Privacy Notice
AEON USA reserves the right to update this Job Applicant Privacy Notice at any time, and AEON USA will provide you with a new Job Applicant Privacy Notice when we make any substantial updates. AEON USA may also notify you in other ways from time to time about the processing of your personal information.