October 22, 2024

Privacy Notices for Job Applicant And Intern

PT Siam Maspion Terminal respects the privacy rights of all individuals. To ensure that your personal data is protected, we have created this privacy notice to provide information regarding the collection, use, disclosure, deletion and destruction of your personal data in electronic and other formats based on Law Number 27 of 2022 concerning Personal Data Protection. and other applicable laws and regulations regarding the protection of personal data in Indonesia (“UU PDP”).

1. Definition

1.1. “We” means PT Siam Maspion Terminal.

1.2. “You” means the individual who applies for a job or internship or undertakes an internship at PT Siam Maspion Terminal.

1.3. “Processing” means collecting, analyzing, storing, correcting, updating, displaying, announcing, transferring, disseminating, using, disclosing, deleting and/or destroying personal data.

1.4. “Personal data” means any data relating to an identified or identifiable natural person that can be identified alone or combined with other information directly or indirectly via an electronic or non-electronic system.

2. Processing Objective

2.1. Contractual Necessity: We process your personal data because it is necessary for the performance of a contract between you and us or to take steps at your request before entering into a contract. These include:

2.1.1 Recruitment process

2.1.2 Verify qualifications

2.1.3 Selection before becoming our employee

2.1.4 Compliance with internship agreements

2.1.5 Providing benefits to our interns

2.2. Legitimate Interests: We process your personal data to pursue our legitimate interests or the interests of third parties. These include:

2.2.1 Analysis and database creation

2.2.2 Management and improvement of employee recruitment and selection processes

2.2.3 Internship evaluation

2.2.4 Send news about available positions

2.2.5 Prepare an internship or work contract (if selected)

2.2.6 Establish legal demands

2.3. Vital Interests: We process your personal data to protect your vital interests or the interests of others. This includes making contact in case of emergency and controlling and preventing disease.

2.4. Legal Compliance: We process your personal data to comply with our legal obligations, such as:

2.4.1 labor protection law

2.4.2 labor relations law

2.4.3 social security law

2.4.4 Safety, occupational health and work environment laws

2.4.5 Laws governing work and diseases of environmental origin

2.5. Public interest: We process your personal data where necessary to carry out tasks in the public interest or to exercise official authority vested in us.

2.6. Consent: We process your personal data based on your consent for specific purposes, which will be communicated to you when obtaining consent. Further information about your consent and its implications can be found in the next section of this privacy notice.

3. Personal Data We Collect

3.1. Data Collection Sources: We collect personal data directly from you and indirectly from trusted sources such as public organizations, recruitment platforms, individuals who may lawfully disclose your personal data, and trusted service providers.

3.2. Application Information: We collect information contained in your application as follows:

(1)        Documents Provided: Resume, Curriculum Vitae (CV), cover letter, job application form.

(2)        Personal Information: First name, last name, gender, date of birth, KTP or passport number, nationality, religion, marital status.

(3)        Identification Information: Citizen identification number, passport number, social security number, national insurance number, taxpayer identification number, and other government-issued identification numbers.

(4)        Immigration and Residency Information: Residence permits, stay permits, work permits, visas and similar documents.

(5)        Contact Details: Address, email address, phone number, social media.

(6)        Family Information: Your partner, children and parents details such as name, surname, ID number, date of birth, nationality, education, address, telephone number.

(7)        Information about Dependents: Information about family members or people you care for.

(8)        Photos and Videos: Your photos and videos.

(9)        Education and Qualifications: Education level, background, institution/university, training history, academic achievements, test results, right to work legally, professional qualifications, language skills, information from references you provide, and other abilities.

(10)    Work Experience: Department, employer details.

(11)    Driving Ability: Ability to drive a vehicle, driver’s license.

(12)    References and Emergency Contacts: Details of your reference people and emergency contacts.

3.3. Characteristics and Behavior: Data about your habits, behavior, attitudes, talents, skills, leadership, teamwork and emotional intelligence. This data may be collected from your ratings or our observations and analysis when you participate in our activities.

3.4. Regulatory Reporting: Information required for reporting to regulatory bodies such as the Ministry of Labour.

3.5. Information Collected: Information collected from you, such as information you provide in your application, during job interviews, during exams, and when you participate in our activities.

3.6. Information Disclosed: Information you choose to share and disclose through our online application systems, tools, inquiries and other services.

3.7. Identification Documents: Documents that can be used to identify you, such as a copy of an identity card issued by the government or public institution (for example, citizen card, driver’s license, passport, STNK, diploma, degree, transcript, and other similar documents).

3.8. Recruitment and Compliance: Other information necessary to recruit and select staff or interns, comply with internship contracts, provide welfare and benefits, analysis, management and legal compliance.

3.9. Internship Data: If you are an intern, we also collect additional data such as:

(1)        Parent or Guardian: Information about your parent or guardian such as first name, last name, address, telephone number, and cell phone number.

(2)        Intern Characteristics: Your characteristics and information from the internship program, such as behavior, attitude, aptitude, skills, leadership, teamwork, emotional intelligence, discipline and other characteristics, including your work time record to evaluate the internship.

(3)        References: Other information, such as your referee details.

3.10. Employee Selection: If you are selected as an employee, we will collect additional personal data as stated in our privacy notice for employees.

3.11. Additional Data Collection: If we need to collect additional personal data, we will notify You and process the data in accordance with the PDP Law.

3.12. Certain Personal Data: We may need to collect and process certain personal data, including:

(1)        General health data (e.g. food allergies, drug allergies, vaccinations) for event organization, accommodations and compliance with legal and regulatory requirements.

(2)        Criminal act data.

3.13. Disclosure of Third Party Data: If you disclose other people’s personal data to us, you must be able to do so lawfully and in compliance with PDP Laws, including informing data subjects of this privacy notice and other related documents and obtaining any necessary consent before or at the time of disclosure.

4. Cookies

4.1. We use cookies and similar technologies to collect personal data as specified in our Cookie Notice.

5. Consent, Withdrawal, and Consequences

5.1. Right to Withdraw Consent: If we rely on your consent to process personal data, you can withdraw your consent at any time. Withdrawal will not affect the validity of processing carried out prior to withdrawal.

5.2. Consequences of Withdrawal or Refusal: Withdrawing your consent or refusing to provide certain information may result in our inability to fulfill some or all of the purposes stated in this privacy notice.

5.3. How to Withdraw Consent: You can withdraw your consent by following the instructions provided in the channel where consent was obtained (for example, changing the settings in your user account).

6. Retention Period

6.1. Data Retention Duration: We will retain your personal data for the period necessary to fulfill the stated purposes. We may retain certain data for up to 5 years to defend against legal claims. If the retention period is unclear, we will retain the data for the usual period in accordance with retention standards.

6.2. Data Deletion and Destruction: We have established an audit system to delete or destroy your personal data when the retention period expires or when the data becomes irrelevant or unnecessary for the purposes for which it was collected.

6.3. Retention After Withdrawal of Consent: If your personal data is processed based on consent, we will stop processing it after you withdraw consent. However, we may retain your personal data to record your withdrawals and respond to future requests.

7. Disclosure of Your Personal Data

7.1. Recipient of Personal Data: We disclose and share your personal data with:

7.1.1 Individuals and other entities, such as:

(a) Financial service providers (e.g., banks, payment companies, electronic payment service providers, credit providers)

(b) IT service providers (e.g., cloud services, blockchain systems, data analytics, SMS, or email providers)

(c) Auditors, consultants and advisors

(d) Government agencies (e.g., Department of Revenue, Anti-Money Laundering Office)

(e) Insurance company

(f) Other relevant persons who enable us to conduct business, provide products and services, and fulfill the purposes for which we collect and process personal data as described in this privacy notice.

7.2. Separate Privacy Notices: The recipients of your personal data listed in clause 7.1 may have their own privacy notices. Please read their privacy notice to understand how they process your personal data.

7.3. Business Restructuring: If we restructure our business, sell or transfer assets, acquire a business, or merge with another business, we may disclose your personal data to our partners and advisors. We will do our best to protect your data and require our partners and advisors to comply with the PDP Act and this privacy notice.

7.4. Protective Measures: We will require recipients of your personal data to take appropriate measures to protect your personal data, process it correctly and only when necessary, and prevent unauthorized use or disclosure.

8. Security Measures

8.1. Technical and Organizational Measures: We have implemented technical and organizational measures to protect your personal data from loss, misuse, unauthorized access, disclosure or destruction. These measures include encryption and access restrictions to ensure only authorized personnel have access to your data and are trained in the importance of data protection.

8.2. Comprehensive Security Measures: We maintain comprehensive security measures, including administrative, technical, and physical safeguards (such as access control and user access management), to prevent unlawful loss, access, use, alteration, or disclosure of personal data. We review and update these measures as necessary or as technology changes to ensure effective security.

8.3. Protection of Certain Personal Data: If we process certain personal data, we will use our best efforts to implement appropriate security measures to protect that data.

9. Your Rights as a Data Subject

9.1. Summary of Your Rights under the PDP Law: You have the following rights:

9.1.1 Right to Information: To receive clear information about our identity, accountability, purposes of data processing and the basis for data processing.

9.1.2 Right to Withdraw Consent: To withdraw the consent you have provided to us at any time.

9.1.3 Access Rights: To request to view and copy your personal data or to disclose the sources from which we obtained your personal data.

9.1.4 Right to Data Portability: To request that we send or transfer personal data in electronic form to another data controller as required by the PDP Law.

9.1.5 Right to Object: To object to our collection, use or disclosure of your personal data.

9.1.6 Right to Erasure: To request that we delete, destroy or anonymize your personal data.

9.1.7 Restriction Rights: To request that we suspend use of your personal data.

9.1.8 Right to Object to Automated Decision Making: Object to decisions based solely on automated processing that have legal consequences or have a significant impact on you.

9.1.9 Right to Rectification: Request that we correct your personal information to ensure it is current, complete, and accurate.

9.1.10 Right to File a Complaint: To file a complaint with the Personal Data Protection Authority if we, our data processors, employees or contractors violate or do not comply with the PDP Law.

9.2. Processing of Rights Requests: We will consider your request, notify you of the outcome, and carry it out (if appropriate) within the time period specified by the PDP Law from the date we receive the request. Your rights will be processed in accordance with the PDP Law.

9.3. How to Exercise Your Rights: You can exercise your legal rights by sending your request by email to the data controller.

10. Information about the Data Controller and Data Protection Officer

10.1. Data Controller: The data controller of this privacy notice is PT Siam Maspion Terminal

10.2. Business Address: Maspion V Industrial Area, Jl. Beta Maspion, Manyar Sidomukti, Manyar, Gresik Regency, East Java 61151.

10.3. Contact Information: If you have any questions about this privacy notice, you can contact the data controller:

• Nanang Cahyono – ncahyono@smtjetty.com.

11. Miscellaneous

11.1. Amendments to Privacy Notice: If this privacy notice is changed, we will post the new privacy notice on our website or through other channels. The new privacy notice will take effect immediately on the date of the announcement.