Employee and Candidate Privacy Notice

Last updated: 3rd of February, 2023

Your privacy is important to Next Gen Foods Group of companies (comprising Next Gen Foods Holding Ltd and each of its direct and indirect subsidiaries and associated companies, including without limitation Next Gen Foods Pte Ltd, N G Foods B.V., Next Gen Foods, Inc, Next Gen Foods (UK) Limited, and Next Gen Foods GmbH) (collectively, “Next Gen Foods”, “we”, “us“, and “our”). We recognise the responsibility you entrust us with when providing your personal data. This Privacy Notice explains to our existing and prospective employees, workers and contractors (“you”) how we handle and treat their personal data before, during and after their working relationship with us.

The purpose of this Candidate Privacy Notice (“Privacy Notice”) is to provide you with clear explanation of what personal data we collect, when, why and how we collect, use and share your personal data and it explains your statutory rights. This notice does not form part of any contract of employment or other contract to provide services and does not provide guarantees that you will be offered a job position. Please make sure you fully understand our practices in relation to personal data before you start applying or working for us. Where you have read this Privacy Notice but would like further clarification, please contact us at [email protected]

If you are located in the European Economic Area or the United Kingdom, please consult the EEA/UK GDPR supplemental notice below. If you are located in Singapore, please consult the notice to Singaporean residents below.

1. Who is the controller?

Next Gen Foods Pte. Ltd., a Singapore company with company number201941062D, and registered address at 4 Battery Road, #25-01, Bank of China Building, Singapore 049908, is the controller of your personal data.

2. What personal data do we collect and how do we collect it?

• Personal data is information relating to you, such as your name, email address, phone number, etc.

Information you provide to us directly:

As a candidate:

• If you apply to one of our open positions published in our “Career” page or on third-party career/recruitment sites: We and our business partners will collect your first name, last name, phone number, email address, LinkedIn URL, resume, cover letter and information about your motivation that you voluntarily provide. When you apply online, we will also process your personal data in accordance with our Website Privacy Notice
• If you apply to our job openings advertised on social media, such as LinkedIn: We collect the information you provide on your application form, including your CV and cover letter.
• If we invite you to an interview: You provide us with any information relevant to assess your suitability for our job opening.

As an employee:

• In the course of job-related activities throughout the period of employment: We will collect additional personal data, which may include your marital status and dependents; next of kin and emergency contact information; bank account details, religion (for Singapore employees for Central Provident Fund purposes only), academic records, professional qualifications, Covid-19 vaccination proof, payroll records and tax status information; salary, annual leave, pension and benefits information; start date and, if different, the date of your continuous employment; leaving date and your reason for leaving; location of employment or workplace; copy of driving license, passport and/or other identification documents; employment records (including job titles, work history, working hours, holidays, training records and professional memberships); compensation history; performance information; disciplinary and grievance information; CCTV footage and other information obtained through electronic means such as swipe card records; information about your use of our information and communications systems; photographs.

Information collected by automated means from your browser and device through cookies and other tracking technologies:

• If you apply online to one of our open positions: We use cookies, in combination with other tracking technologies to distinguish you from other users of the Website. We will process your personal data in accordance with our Cookie Notice.

Information collected indirectly from other sources:

• Our recruitment agency: From which we collect your application form, including your CV and cover letter.
• Background check and similar services: From which we collect background information such as criminal records, your right to work in the relevant jurisdiction, litigation, bankruptcy records and sanctions information, where authorized under the applicable law.

3. Why do we collect your personal data?

Having collected these personal data, we will then process them to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the personal data you provide to us at the interview to decide whether to offer you the job.

If you fail to provide the information as a candidate when requested, which is necessary for us to consider your application, we may not be able to process your application successfully. If you fail to provide the information as an employee, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the safety of our employees).

4. With Whom Do We Share your Personal Data?

We share your personal data with third parties only where it is necessary, and for purposes described in this Privacy Notice. We may share your personal data with the following categories of third parties:

• Group Companies: We may share your personal data with our corporate parent, subsidiaries, and affiliated companies.
• Business Partners / Services providers: We may transfer your personal data to our business partners / service providers as necessary for them to provide services to us in connection with our fulfilment of the purpose set out above. For example, we rely on (i) recruitment agencies to help source and evaluate candidates, (ii) payroll providers to process salary and other payments to employees, (iii) HR information system providers to manage administrative and other tasks relating to our workforce, (iv) employer of record / professional employment organizations for personnel in certain jurisdictions; and (v) insurance companies to provide insurance benefits to our workforce..
• Government Agencies, Regulators and Professional Advisors: Where permitted or required by applicable law, we may also need to transfer your personal data to government agencies and regulators (e.g., tax authorities, courts, and government authorities) to comply with our legal obligations, and to external professional advisors as necessary to defend our legal interests.
• Prospective or Actual Purchaser or Seller: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, will be transferred to the surviving entity in a merger or the acquiring entity. Such information will be transferred in accordance with applicable law.

5. How Do We Protect Personal data?

We are committed to keeping the personal data provided to us secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. We have put in place procedures to deal with any suspected breach of personal data and will notify individuals and any applicable regulator of a breach where we are legally required to do so.

6. What are your privacy rights?

Under applicable laws, you may have rights to access, update, rectify, or erase certain personal data that we have about you or restrict or object to certain activities in which we engage with respect to your personal data. If you have such rights and your request complies with the requirements under applicable laws, we will give effect to your rights as required by law.

To exercise any rights you may have under applicable privacy laws, please contact us using the details in the “Contact us” section below.

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.

If you are located in Singapore, or have applied to or work for any of our companies based in Singapore, please see more information about your rights in the Singaporean supplemental notice below. If you are located in the EEA/UK, please see more information about your rights in the EEA/UK supplemental notice.

7. How long do we keep your personal data?

We may retain your personal data as long as necessary for the purpose for which it was collected, and beyond such time as necessary to defend us in the context of legal claims, or for compliance and legal protection purposes.

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.

When we no longer require the personal data, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible. If we fully anonymize your personal data (so that it can no longer be associated with you), we may use this information indefinitely.

8. International data transfers

Your personal data may be transferred and stored outside your place of residence, that are subject to different standards of data protection. In particular, you should be aware that your personal data may be shared with, and transferred to our group entities or third-party busines partners / service providers who are located outside of your jurisdiction. We will take appropriate steps to ensure that transfers of personal data are in accordance with applicable laws.

If you are located in Singapore, please see more information about international transfers in the Singaporean supplemental notice below. If you are located in the EEA/UK, please see more information about international transfers in the EEA/UK supplemental notice.

9. Contact us

You may contact us using the following details:

• Email address: [email protected]
• Postal address:
  Next Gen Foods Pte. Ltd.
  4 Battery Road, #25-01
  Bank of China Building
  Singapore 049908
  Attention: Data Protection Department

10. Changes to this Privacy Notice

We may make changes to this Privacy Notice from time to time. To ensure that you are always aware of how we use your personal data we will update this Privacy Notice from time to time to reflect any changes to our use of your personal data. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Please regularly check these pages for the latest version of this Privacy Notice.

EEA/UK supplemental notice

If you are located in the European Economic Area or the United Kingdom, this EEA/UK GDPR supplemental notice applies to you.

1. How do we use your personal data and on which legal basis?

Our legal basis for collecting and using information described herein will depend on the personal data concerned, and the specific context in which we collect it.

However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests is not outweighed by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect and maintain personal data from you.

2. Your Privacy Rights

• Right of access: you can ask us to provide you with information about our processing of your personal data and give you access to your personal data;
• Right to rectification: if the personal data we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified;
• Right to erasure: you can ask us to delete or remove personal data where there is no lawful reason for us continuing to store or process it, 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 that will be notified to you, if applicable, at the time of your request;
• Right to restrict processing: you can ask us to suspend the processing of your personal data if, (i) you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
• Right to object: where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms;
• Right to data portability: you have the right, in certain circumstances, to ask us to 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 for which you initially provided consent for us to use or where we used the information to perform a contract with you; and

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the personal data or where certain exemptions apply.

To exercise any of these rights, please contact us using the contact details provided above.

Although we urge you to contact us first to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority.

3. International Data Transfers

We may transfer your personal data to recipients based outside of the European Economic Area (“EEA”) and/or United Kingdom (“UK”). Some of these recipients are located in countries in respect of which either the European Commission and/or UK Government (as and where applicable) has issued adequacy decisions, in which case, the recipient’s country is recognized as providing an adequate level of data protection under UK and/or European data protection laws (as applicable) and the transfer is therefore permitted.

Some recipients of your personal data may be located in countries outside the EEA and/or the UK for which the European Commission or UK Government (as and where applicable) has not issued adequacy decisions in respect of the level of data protection in such countries (“Restricted Countries”). For example, the United States is a Restricted Country. Where we transfer your personal data to a recipient in a Restricted Country, we will either:

• enter into appropriate data transfer agreements based on so-called Standard Contractual Clauses approved from time-to-time by the European Commission, the UK Information Commissioner’s Office or UK Government (as and where applicable); or
• rely on other appropriate means permitted by the EU/UK GDPR, which establish that such recipients will provide an adequate level of data protection and that appropriate technical and organizational security measures are in place to protect personal data against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.

You may ask for a copy of such appropriate data transfer agreements by contacting us using the contact details above.

Singapore supplemental notice

If you are located in Singapore, or have applied to or work for one of our companies based in Singapore, this Singapore supplemental notice applies to you.

1. How do we use your personal data?

We will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests which is not outweighed by any adverse effect on you. In some cases, we may also have a legal obligation to collect and maintain personal data from you.

Personal data collected is processed as reasonably required for our business purposes, including establishing, managing or terminating your relationship with Next Gen Foods. Such uses may include:

• determining eligibility for initial employment, including the verification of references and qualifications and your legal entitlement to work in Singapore;
• administering pay and benefits and, where relevant, making deductions of tax and social security;
• where relevant, liaising with your pension provider;
• general administration of the contract we have entered into with you;
• business management and planning, including accounting and auditing;
• processing work-related claims (e.g. worker compensation, insurance claims, etc.);
• managing corporate travel arrangements;
• establishing training and/or development requirements;
• conducting performance reviews and determining performance requirements;
• making decisions about salary reviews and compensation;
• assessing qualifications for a particular job or task, including decisions about promotions;
• gathering evidence for investigating fraud, conflict of interest or compliance breaches allegations, up to disciplinary action or termination;
• legal proceedings (including any actions preceding legal proceedings) and obtaining legal advice;
• establishing a contact point in the event of an emergency (such as next of kin);
• health and safety (including for example accidents at work, establishing your fitness to work, sickness administration, disability cases);
• complying with applicable labour, tax, social security and other legal requirements;
• maintaining and monitoring usage of internal networks and IT systems;
• to prevent fraud;
• compiling directories;
• ensuring the security of company-held information;
• for due diligence purposes in the event of a change in ownership of, or a grant of a security interest in, all or a part of Next Gen Foods through, for an example, an asset or share sale, or some other form of business combination, merger or joint venture; and
• such other purposes as are reasonably required by Next Gen Foods in connection with your employment or engagement with Next Gen Foods.

In the event of a security incident related to your personal data, we will take all steps required under the Personal Data Protection Act 2012 of Singapore (“PDPA”) to deal with the incident and we may report such incident and the remediation actions to the Personal Data Protection Commission as required.

2. Your Privacy Rights

• Right of access: you can ask us to provide you with information about our processing of your personal data and give you access to your personal data;
• Right to rectification: if the personal data we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified;
• Right to restrict processing: you can ask us to suspend the processing of your personal data if, (i) you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
• Right to object: where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground.

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the personal data or where certain exceptions apply.

To exercise any of these rights, please contact us using the contact details provided above.

3. International Data Transfers

We may transfer your personal data to recipients based outside of Singapore. Where we do so, we will ensure that such recipients are bound by legally enforceable obligations (pursuant to data transfer agreements, binding corporate rules and/or contractual clauses) or specified certifications to provide the transferred personal data a standard of protection that is comparable to that under the PDPA.