PRIVACY NOTICE FOR CERTAIN MEDIATEK JOB APPLICANTS

The following privacy notice is applicable to job applicants of MediaTek Inc. (“MediaTek”) or any of its affiliates (each, a “Group Company” and collectively, “Group Companies”) who are European Economic Area (EEA) or UK data subjects or who are applying for job openings at an EEA or UK Group Company and with respect to whom MediaTek or an applicable Group Company (whichever, the “Company”) processes his/her Personal Data:
 
  1. The following definitions apply to this privacy notice:
    • Personal Data: any information relating anyone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual (see paragraph 5 below for some examples of Personal Data).
    • Special Categories of Data: personal data about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying an individual; data concerning health or data concerning an individual’s sex life or sexual orientation.
    • Personal Data Breach: a breach of security which may lead to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data and Special Categories of Data transmitted, stored or otherwise processed.
  2. Under the General Data Protection Regulation (the “GDPR”) and other applicable law, the Company has a responsibility to ensure that Personal Data is processed lawfully, fairly and in a transparent and relevant manner. Furthermore, the Company must take steps to ensure that you know what data the Company holds about you, why the data is processed, what the legal grounds for such processing are (including the legitimate interests of the Company are), and that the data is accurate, up to date and secure. You are also entitled to be informed of the source that the Personal Data originates from, if it has not been obtained directly from you. Where you are asked to provide Personal Data, you are entitled to be informed whether you are obliged to provide the Personal Data in question, and of the consequences in case you do not provide such data.
  3. If any of your personal details change after submitting a job application, you should not delay informing the Company of such changes (see paragraph 17 below for further details).
  4. You are entitled to access certain Personal Data about you held by the Company (which is subject to the GDPR unless such data is subject to an exception). If you wish to access your Personal Data please submit a request in writing to the Company’s Human Resources Department (see contact information in paragraph 17 below). The Company will usually provide you with hard copies of the data to which you are lawfully entitled free of charge and will endeavour to respond to any request within a month. However, depending on the nature of the request, the Company reserves the right to extend this period by up to two months, if for example, the request is complex. Furthermore, the Company may charge a reasonable administrative fee or refuse to respond if the request(s) are manifestly unfounded or excessive. If the Company determines that either a fee should be payable and/or that it will not be able to respond to your request for information within the one month period, it shall inform you of this decision as soon as reasonably practicable after receipt of your request. It may be necessary for the Company to remove information relating to third parties before providing the copies to you. We would ask that you try and ensure any requests you make are proportionate and relevant to the concern that you have. It would assist, for example, if you could specify where in particular you want the Company to look for your data (e.g. in your job applicant file), establish dates between which data should be searched and/or if you could focus on communications between named individuals, or relating to particular subject matter. It is in everyone’s interests that time is not wasted searching for irrelevant data.
  5. THE DATA WE MAY PROCESS

  6. The Company collects and holds Personal Data about you as prospective employee. Such details will include (but are not limited to) your curriculum vitae, academic qualifications, employment history, personal references received, personal contact details, including phone number and email and mailing addresses, self-assessment information including achievements and career goals, and relevant skills for the role.
  7. The sources of the Personal Data may be you, and, as permitted by applicable law, employment and recruiting agencies, courts, governmental agencies and publicly accessible resources.
  8. WHAT WE DO WITH THE DATA

  9. The Company uses this information relating to you and your application for employment with the Company to the extent that it is necessary for the Company’s legitimate interests (including, without limitation, for staff administration), for the performance of your employment contract (for example, processing of employee payment data), and to enable the Company to comply with its legal obligations (such as, for processing in relation to immigration and right to work). In rare situations, such data may need to be disclosed as part of the disclosure process in legal proceedings. If appropriate, the Company will ask for your consent prior to the collection, use and disclosure of certain Personal Data or Special Categories of Data.
  10. The Personal Data and certain Special Categories of Data will be used for recruitment and related purposes. For example, such purposes include, conducting an evaluation of your suitability for employment, confirming your educational, professional and past employment history and checking personal references, contacting you regarding your application, and retention of your application for consideration for future job openings, checks may be undertaken to verify candidates’ qualifications and references and the Company will need to maintain regular document checks in order to establish a candidate’s right to work lawfully in the country where the job is located; data disclosed on, or in connection with, job application forms (which may include Special Categories of Data or criminal convictions) may also be reviewed by managers involved in the recruitment process.
  11. When required the Company may need to disclose or transfer Personal Data or Special Categories of Data relating to you to other employees of the Company, or any parent, subsidiary, associate or group company and their employees, or to third parties who perform recruitment-related functions on behalf of the Company. Such disclosure or transfer will either be on the basis that it is necessary to do so to comply with a legal obligation or because it is in your best interests that we do so. Most typically this would mean data being transferred to the HR Departments of any Group Company based overseas including the USA or Taiwan as part of the general recruitment process. The Group may also store the data on databases maintained in the US or Taiwan or elsewhere. However, it may also mean that data is provided to third parties, who may be based within and/or outside the EEA and who might process the data to assist in the recruiting and related processes. When such an overseas transfer is required, the Company will endeavour to ensure that the data is kept secure and access is only given to employees or third parties on a strict “need to know” basis, for the legitimate purposes of the Company as set out in this policy. Transfers of personal to Group Companies outside the EEA are made pursuant to standard contractual clauses approved by the European Commission. You can obtain a copy of these clauses by contacting the Company’s HR Department (see contact information in paragraph 17 below).
  12. The Company may also need to disclose your Personal Data to applicable data protection authorities, the police, the Company's legal advisors, as well as to other Group Companies, credit checking and other agencies undertaking background checks on you, or as may be required by a court or tribunal in the event of litigation. Such disclosure will either be on the basis that it is necessary to do so to comply with a legal obligation, or because it is necessary for performance of the employment contract.
  13. If the Company, or part or all of its business is sold, or integrated with another business, data relating to you (most likely your employment terms and details of your age, remuneration, benefits and length of service and details of your disciplinary record and leaves of absence), may need to be disclosed to the Company's advisers and any prospective purchasers and their advisers and will be passed to the new owners of the business. Before a sale or integration, such information may be required as part of the due diligence process. Where it is reasonably practicable to do so, the Company will provide anonymised data, or request that the recipient keeps the data secure and confidential and, if the transaction does not proceed, either returns the data to the Company or destroys it. Such data may be transferred outside the EEA if the intended recipient and/or its professional advisers are based overseas, even if the country where the recipient is located may not have the same level of regulation regarding data privacy as the GDPR provides, where that transfer is necessary to conclude or perform a contract between the Company and the third party and is in the interests of the employee.
  14. The Company may from time to time process Personal Data about you, if for example required by law, for statistical or reporting purposes, ensuring appropriate safeguards are put in place first.
  15. The Company will endeavour to keep Personal Data about job applicants up to date and from time to time may destroy and/or permanently delete data which is no longer relevant or current. The Company will also take appropriate steps to keep data secure – for example by limiting access to data to those who need it for legitimate business purposes, supplying locked drawers and cupboards where such data can be stored, and password protecting/encrypting/pseudonymising Personal Data stored in computer files.
  16. The Company will retain your Personal Data for the longer of (i) such time as the data is no longer needed in consideration of your job application, (ii) to the extent you become and employee of the Company or any Group Company, such time as the data is no longer needed for the administration of your employment, or (iii) such time as the data is no longer needed to comply with applicable law. The Company will promptly destroy your Personal Data when the retention period ends.
  17. YOUR RIGHTS WITH RESPECT TO DATA WE PROCESS

  18. Without limiting your rights under the GDPR and subject to certain exceptions, you have the following rights with respect to your Personal Data in the Company’s possession or control:
  19. 15.1
    The right to access and port your Personal Data. At your request and at no charge, the Company will provide you a copy of your Personal Data which it currently processes. The Company may charge an administrative cost fee if further copies are requested. With respect to Personal Data the Company processes by automated means on the basis of your consent or to fulfill a contract, if you request, the Company shall provide the copy of such data in a structured, commonly used, machine-readable format. Furthermore, at your request, the Company will transmit any such automated data directly to another data controller you specify where this is technically feasible.
    15.2
    The right to rectify your Personal Data. At your request, the Company shall correct, without undue delay, any inaccuracies in your Personal Data that the Company holds.
    15.3
    The right to erase and/or restrict processing of your Personal Data. Subject to certain exceptions, you have the right to have your Personal Data erased in certain instances (e.g. the data is no longer necessary for the purpose collected/processed, when required consent is withdrawn, or, where processing is based on the Company’s legitimate interests, when the Company cannot demonstrate such interests override your objection). You may also restrict further processing of your data by the Company in certain instances (e.g. where you dispute the accuracy of the data in the Company’s possession, where continued processing is unlawful, or, when you object to the processing, on a temporary basis until the Company can verify whether its legitimate interests override your interests in objecting to the processing).
    15.4
    The right to object to the processing of your Personal Data for specific purposes (e.g. where the Company is processing based on its legitimate interests, in which case, we must cease processing unless we can demonstrate that our compelling legitimate interests override your interests in your Personal Data).
    15.5
    The right to withdraw your consent where our processing is based on such consent. To exercise any such withdrawal of consent, please contact the Company’s HR department specified below.
  20. You have the right to complain to applicable supervisory governmental authorities in the event the Company processes your Personal Data in violation of the GDPR. The following are applicable supervisory authorities for the UK or other EEA locations where MediaTek has offices:
  21. Rectification of Personal Data:
    We encourage you to notify us in a timely manner of any changes to your personal details (e.g. address, marital/civil partnership status, next of kin, qualifications) so that your files are up to date. All changes are to be communicated in writing or via email to the Company’s HR department: HR Manager Europe, MTK Wireless Limited, Building 2030, Cambourne Business Park, Cambourne, Cambridgeshire CB23 6DW, United Kingdom (careers.europe@mediatek.com).
  22. Data breaches:
    If you suspect that a Personal Data Breach has occurred, for example, due to theft or exposure of Personal Data, please notify HR Manager Europe immediately with details of what has occurred. Please call 01954 712056 or email MUK.HR@mediatek.com.

    If a Personal Data Breach is likely to result in a high risk to your rights and freedoms, the Company will endeavour to notify you as soon as possible.
  23. CHANGES TO PRIVACY NOTICE.

    • We may change this Privacy Notice from time to time. If we make any significant changes in the way we treat your Personal Data we will make this clear on the MediaTek website or by contacting you directly.
    • In the event you become an employee of the Company, a separate privacy notice covering the Company’s data processing practices with respect to employee Personal Data shall apply and shall be provided to you at the appropriate time.