Privacy Notice for Job Applicants

Last Update: 09 June, 2023. Latest version

This Job Applicant Privacy Notice (“Notice” or “Privacy Notice”) applies to the companies of dLocal, and it’s aimed at anyone applying for a job position at dLocal. For the purposes of this Privacy Notice, companies of dLocal are referred to as dLocal Group (“dLocal”).

dLocal is committed to protecting the privacy and security of your personal information.

This Privacy Notice describes how we collect and use personal information about you during the recruitment process, in accordance with the EU General Data Protection Regulation and the UK GDPR as applicable (collectively referred to as the “GDPR”). The GDPR standard is internationally regarded as a gold standard for data protection compliance. However, dLocal also has regard to local data protection laws as detailed in local policies.

1. Introduction

The dLocal company that sponsors the job position (“we”, “us”, “our”) is a Controller. You are a dLocal’s Job Applicant (“you”, “your”). This means that we are responsible for deciding how we hold and use personal information about you. We are required under the GDPR to notify you of the information contained in this Notice.

This Notice applies to current and former Job Applicants. This Notice does not form part of any contract of employment or other contract to provide services.

2. Definitions

Anonymized Data: means data which do not enable the identification of the data subject, considering the use of reasonable and available technical means at the time of the processing.

Controller: means a natural person or legal entity of either public or private law in charge of making the decisions regarding the processing of personal data.

dLocal Group: means any entity that directly or indirectly controls, is controlled by, or is under common control with dLocal.

Data Protection Officer (“DPO”): means a person nominated by the controller and/or the processor to act as a point of contact between the controller and/or the processor, the data subject and the Data Protection Authority.

Data Subject: means a natural person whom the personal data are being processed

Personal Data or Personal Information: means any information about a data subject which enable their identification. It does not include data which do enable to work out the identity of the data subject (anonymized data).

Job Applicant: means any individual who applies to a job position at a dLocal company.

Processing: means any operation involving handling of personal data, such as collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, evaluation or control of the information, modification, communication, transfer, dissemination, or extraction.

Sensitive Personal Data: means personal data concerning racial or ethnic origin, religious belief, political opinion, trade union or religious, philosophical or political organization membership, data concerning health or sex life, genetic or biometric data, when related to a natural person.

3. Data Protection Principles

We will comply with the GDPR. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way;
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
3. Relevant to the purposes we have told you about and limited only to those purposes;
4. Accurate and kept up to date;
5. Kept only as long as necessary for the purposes we have told you about;
6. Kept securely.

4. The Kind of Information We Hold About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.

We may collect, store, and use the following categories of personal information about you:

1. Personal contact details such as full name, title, addresses, telephone numbers, and personal email addresses;
2. Date and place of birth;
3. Gender;
4. Nationality;
5. Experience information (such as education background, job title, skills, work experience and/or curriculum vitae (“CV”), photograph, references, employee records and appraisals);
6. Psychometric and ability test results, when it applies;
7. Interview records;
8. Current salary and salary expectations;
9. Any personal information you may have added deliberately on your CV, resume, cover letter;
10. Data from public profiles; and
11. Other information necessary for making a recruitment decision or otherwise voluntarily provided by you.

We may also collect, store, and use the following “special categories” of more sensitive personal information such as genetic information and biometric data in relation to identity or anti-money laundry background checks to the extent applicable law permits.

5. How Your Personal Information is Collected

We collect personal information about Job Applicants through the application and recruitment process, either directly from candidates, employment-oriented online services, sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties such as former employers.

6. How We Will Use Information About You

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where we have your explicit consent, when applicable;
2. Where we need to perform the contract we have entered into with you;
3. Where we need to comply with a legal or regulatory obligation;
4. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your health or personal integrity;
2. Where it is needed in the public interest.

Situations in which We will Use your Personal Information

The situations in which we will process your personal information are listed below.

1. Making a decision about your recruitment or appointment;
2. Managing your application process;
3. Verifying the accuracy of the information that you have provided us (for example by performing refence checks);
4. Performing background check where necessary and applicable given the job position;
5. Maintaining records for future job openings that might match your profile;
6. Dealing with legal claims and/or defending potential legal claims;
7. Complying with legal obligations.

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, we may not be able process your application and to enter into an employment agreement with you, or we may be prevented from complying with our legal obligations. Therefore, the collection of such information from you, and the provision of such information to us, is effectively mandatory for the collection of Personal Data required by law.

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

7. How We Use Particularly Sensitive Personal Information

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

We may process special categories of personal information with your when applicable by law:

1. It is a genuine free choice;
2. It is strictly required under local data protection laws;
3. The processing of sensitive personal data is lawful under the local data protection laws.

Additionally, we may process sensitive personal information where it is needed and you are not capable of giving your consent under the following circumstances:

1. Where we need to carry out our legal obligations in connection with employment;
2. Where we need to establish, exercise or defend legal claims in connection with your employment;
3. Where we need to protect health and physical integrity of our employees;
4. Where it is needed in the public interest, such as for equal opportunities monitoring.

Our Obligations as an Employer

We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments and to administer benefits including statutory maternity pay, statutory sick pay, pensions, and permanent health insurance.

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations in the field of employment law, to establish, exercise or defend legal claims, to protect health and physical integrity, to use information you have already made the information public. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data or if required by local data protection laws. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent and you will be able to withdraw consent at any time. You should be aware that, in most of the Circumstances, consent is not a condition of your contract with us unless consent is an obligation under local data protection laws.

8. Information About Criminal Convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our Privacy Standard.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

9. Automated Decision-Making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where we have notified you of the decision and given you 21 days to request a reconsideration;
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights;
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights;
4. It is not prohibited under local data protection laws.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

10. Data Sharing

Why Might We Share My Personal Information with Third Parties?

We may have to share your data with third parties, including third-party service providers and other entities at dLocal. We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you, or where we have another legitimate interest in doing so. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

Which Third-Party Service Providers Process My Personal Information?

“Third parties” includes third-party service providers (for example recruiting and HR tools) and other entities within our group.

How Secure Is My Information with Third-Party Service Providers and Other Entities?

All our third-party service providers and other entities at dLocal are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When Might You Share My Personal Information with Other Entities in the Dlocal Group?

We will share your personal information with other entities in our group for system maintenance support and hosting of data.

What About Other Third Parties?

We may also need to share Personal Data with government authorities (for example regulatory authorities, enforcement authorities, and other governmental agencies, including taxing authorities).

Transferring Information Abroad

We may transfer abroad the personal information we collect about you to process your application. There are appropriate safeguards to maintain an adequate level of protection for your personal information by any and all foreign parties which may receive them from dLocal.

Regarding the international transfer of Personal Data, we will follow local regulations. In the absence of that, we will implement GDPR standards on data transfers.

11. Data Security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

We have put 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.

12. Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from our Data Protection Officer (“DPO”) (see below). 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 unauthorised 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.

In some circumstances we might anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. If you are unsuccessful with the application process, we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

13. Rights of Access, Correction, Erasure, and Restriction

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the application process with us.

Under certain circumstances, by law you have the right to:

1. Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
2. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
3. Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below);
4. Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes;
5. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
6. Request the transfer of your personal information to another party.

Please click on this LINK and fill out the form to submit your request. This is the exclusive channel to submit a request and exercise your rights. Another way to submit a request will not be answered.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

14. Right to Withdraw Consent

When required by law, you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Officer at [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

15. Data Protection Officer

If you have any questions about this Privacy Notice or how we handle your personal information, please contact the DPO at [email protected] You have the right to make a complaint at any time to the relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach the regulator, so please consider contacting us in the first instance.