FUNCOM GROUP EMPLOYEE PRIVACY NOTICE

This Privacy Notice describes how the Funcom Group (collectively, “Funcom or “we”) collect, process, transfer, share, and retain Personal Information of employees, contractors and applicants. Funcom is committed to securing and protectingemployee Personal Information. The term “Personal Information” is defined as, any information relating to You (the Applicant, Candidate, Contractor or Employee) that we process in accordance with this Privacy Notice.  The data controller for your Personal Information is Funcom Oslo AS.

This Notice may be amended from time to time as needed to reflect any changes in Funcom’s practices and policies. Notice will be given concerning such amendments by posting on https://www.funcom.com/funcom-group-employee-privacy-policy/. Employees and Applicants who do not have access to this site may request a copy of the notice from their Human Resources (“HR”) representative and Funcom will alert employees when we make changes to this Notice. This Notice is intended to cover Funcom employees globally, so some of the practices described in this Notice may not apply to You – we will indicate where that is the case. This Notice may be supplemented with a local notice where required by law or to reflect local or regional practices.

What Personal Information might Funcom collect from employees?

Funcom obtains the following Personal Information directly from you:

Because the list below is for all of Funcom’s employees, there may be data elements included here that do not apply to your specific situation. Please contact your HR representative if you have any questions.

• Personal identification information: Name, including given, family, middle, and any suffix (such as Junior or Senior), date of birth, gender, photograph
• Identification numbers (in whole or in part): such as an employee identification number, tax identification number, social security/insurance number, or other government-issued identification number or card, such as a national identification card, driver’s license, visa, passport, or other government-issued document
• Work contact information: including telephone numbers, facsimile number, email address, pager number, mailing address, assigned work site and work location
• Personal contact information: including home address, home phone numbers, personal mobile phone numbers, and personal email addresses
• Information that you may voluntarily provide about yourself: such as gender identity, sexual orientation, veteran status, and disability information
• Work experience information: including education and job history, language skills, other skill categories, licenses, certifications, awards, memberships to and participation in trade associations or professional organizations, and authorizations to perform a certain job
• Information about your role: including job title, department, job function, job type, role type (onsite, hybrid, or remote), job classification/grade, authorisations on location access, employment contract and cost center, training, continuing education, development, performance review information, succession planning information
• Compensation and benefits information: including identification data for your beneficiaries and dependents (such as name, date of birth, gender, government identification numbers, address, and other data that may be required) and information related to specific benefits programs
• Funcom computer, network, and communications information: including logs covering the use of company phones, computers, electronic communications (such as email and electronic calendars), and other information and communication technology, including username/login identification, passwords, answers to security questions, and other information required to access Funcom applications, networks, systems, and services as well as information that you store, send, submit, or receive through Funcom’s networks and systems
• Information about your work: including time collection and allocation information, work assignments and work product that may include a connection to you, such as but not limited to documents and files with you identified as the author and tasks assigned to you
• Visitor information: including the time, date, and location of visits, information regarding a vehicle for parking purposes, and information necessary to maintain visitor logs and screening
• Event registration information: such as your desire to attend an event, food preferences, and travel arrangements
• Information about your work preferences: such as travel and location preferences
• Information that you volunteer to include in a profile in electronic systems: including a nickname, photograph, and interests
• Emergency contact information: which may include information about non-employees, such as family members or friends that you choose to identify as your emergency contact
• Health information: Information regarding health and injuries, such as disability, sickness leave, maternity leave, and other information that may be required to administer human resources and environmental, health and safety requirements
• Other data required to support human resources applications: including payroll, travel and expense administration, and bank and credit card account information

We collect most of this information from you directly. For example, data is collected through application forms and CVs; obtained from your passport or other identity documents; from forms completed by you at the start of or during employment (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.

Funcom obtains the following Personal Information indirectly, such as from prior employers, recruitment agencies, public records sources, and other third parties:

• Screening and background check information: Screenings required for onboarding, such as hearing checks, medical examinations, drug screening, and/or background check information
• Security clearance information: Information that may be required for security clearance or international trade compliance regulations to permit your access to certain technologies or other information related to your job, including travel history, personal and/or professional contacts, and other information that may be requested for a substantive contacts screening

Depending on local requirements and law, Funcom may also collect:

• Passport information, place of birth, citizenships held (past and present), and residency status
• Military service information
• Photographs, audio and video, or biometric information (e.g., fingerprint, iris scan, or voice recognition)
• Location information, such as for applications and devices that require global positioning data (also called location tracking)
• Information about family status and members, such as marital status, the name of your parents, a maiden name, and information regarding your dependents
• Other information, to the extent required by local law, such as race, religion, or political party or trade/labor union affiliation

In countries that impose special protections on sensitive Personal Information (data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation), Funcom will only collect, process, or transfer your Sensitive Personal Information as required by law or, in circumstances where providing the data is optional, with your explicit consent.

 

For what purposes might Funcom use your Personal Information?

We have to have a legal basis to process your data. We explain these legal bases below. We also explain the purposes for which we process your data, the processing operations that we carry out, and the categories of data that we use for each purpose.

Legal Basis

• Contractual performance – we have obligations under our employment [or service] agreement with you, depending on the nature of the contract. To fulfil these obligations, we have to use your data.
• Consent – in certain limited cases, we ask for your consent to use your data. Whenever we ask with your consent we will explain the situations where we use your data and for what purposes.
• Legitimate interest – we can process your data when this is necessary for us to achieve a business purpose, or where this is necessary for someone else to achieve their purpose.   We explain below what interests we, or others, are trying to achieve when we process your data. Where we process personal data on the basis of a legitimate interest, then – as required by data protection law – we have carried out a balancing test to document our interests, to consider what the impact of the processing will be on individuals and to determine whether individuals’ interests outweigh our interests in the processing taking place. You can obtain more information about this balancing test by using the contact details at the end of the notice.
• Legal obligation – as an organisation we have obligations to comply with legal, regulatory and other requirements under EU or Member State/UK laws. In certain cases, we will have to use your data to meet these obligations.

Purposes

We have set out below why we process your data and explain what data we use in each case. We may also provide you with more specific notices for some of the processing described below, and on the rare occasions we need to ask for your consent we will only do this at the time we collect your personal data.

• Administration of our employment relationship – (contractual performance):
  • We use your data to administer aspects of our relationship with you, so we can fulfil the obligations we have in the employment agreement between us. We use your data to administer payroll and the expenses and benefits you receive, to procure insurance policies which you are offered to you, and to document when you have been absent. We also use your data to manage other administration relating to your role such as any travel.
  • We also use your data so that we can handle disciplinary matters and grievances with you in a way that is in accordance with your employment agreement.
  • To do this we use your personal identification information, identification numbers, work contact information, personal contact information, information about your role, compensation and benefits information, information about your work, other data required to support human resources, including some sensitive information such as information about your medical leave where this is required.

• Human resource planning and performance reviews – (legitimate interests)
  • We have an interest in human resource planning to manage our employees and to meet our business strategies.
  • We have an interest in finding out how you are performing at work, so we are better able to manage our business. We undertake performance and talent management, including appraisals and assessments, on an ongoing basis.
  • To do this we use your personal identification information, work contact information, information about your role and information about your work.

• Managing your use of our services – (legitimate interests)
  • We have an interest in carrying out certain management activities which make it as easy for personnel as possible to use our systems, facilities and other services when carrying out their role with us.
  • We use your data in this way to provide you with access to our offices, to manage your use of our IT systems and infrastructure, to keep you and our offices safe and secure and to provide company directories and communication services such as e-mail, telephone and internet access.
  • To do this we use your personal identification information, work contact information, Funcom computer, network and communications information, information about your work, visitor information and event registration information.

• Business interests – (legitimate interests)
  • We have an interest in protecting our business interests and legal rights, including in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements. This includes monitoring company directories and communication services such as e-mail, telephone and internet access. This also includes protecting the security of our premises, assets, systems, and intellectual property and enforcing company policies, including monitoring communications as permitted by law.
  • Our business interests can sometimes involve undertaking mergers, acquisitions, reorganisations or disposals, as permitted/required in accordance with applicable law.
  • To do this we use your personal identification information, identification numbers, work contact information, personal contact information, information that you may voluntarily provide about yourself, work experience information, information about your role, compensation and benefits information, Funcom computer, network and communications information, information about your work, visitor information, event registration information, emergency contact information and potentially sensitive information such as equal opportunities monitoring information.

• Publicity and corporate initiatives – (consent)
  • When you join us as an employee, we ask to collect your picture for use with your contact details in our directory. We will only do this with your consent.
  • We may also ask for your consent to use your data for other corporate initiatives, such as when organising team activities.
  • To do this we use your personal identification information, information that you volunteer to include in a profile in electronic systems, and Funcom computer, network and communication information.

• Compliance with law – (legal obligation)
  • We analyse and sometimes transmit your data where necessary to comply with a legal obligation.
  • These legal obligations, and the processing operations they require us to undertake, are:

• • • tax laws and similar obligations. These require us to undertake tax and national insurance reporting, filing and withholding;
    • health and safety obligations. These require us to process occupational health records, and to assess your fitness and propriety in connection with your engagement as part of a controlled function;
    • employment and social security law obligations. These require us to carry out right to work checks and process maternity/paternity and sick leave information; and
    • equality and anti-discrimination obligations. These require us to process information to make necessary adjustments in the workplace.

Sometimes it is also necessary for us to comply with requirements to respond to court orders, subpoenas or other legal processes.

To do this, we use your personal identification information, identification numbers, work experience information, information about your role, screening and background check information, security clearance information, compensation and benefits information, information about your work, other data required to support human resources and health information and – if relevant - sensitive information such as [equal opportunities monitoring] information or health information for this purpose.

 

With whom does Funcom share the information it collects?

Internal access to employee Personal Information is provided on an as-needed basis. For example, Human Resources and Payroll professionals within the company worldwide have access to Personal Information related to their areas of responsibility. A limited number of individuals have access to all Personal Information in certain Funcom digital technology systems due to their responsibilities for worldwide human resources programs. Managers and supervisors have access to work-related information about their employees, but not to all Personal Information.

Personal Information is used by and shared among Funcom companies, subsidiaries, divisions or groups worldwide for the purposes identified above. We may also share your business contact information with customers, potential customers, and business partners to support regular business operations.

In addition, Funcom  may provide access to or share Personal Information on an as-needed basis with third parties, such as trusted service providers, consultants and contractors who are granted access to Funcom facilities or systems, and with government agencies and others as required by law. We will only share your Personal Information outside the Funcom group of companies:

• To allow service providers Funcom has retained to perform services on our behalf. In those cases, Funcom will only share the information with service providers for the purposes outlined above. The categories of service providers with which Funcom may share your Personal Information include: HR information applications (such as Bamboo); payroll providers; benefits and benefits administration service providers; online and live training services; travel service providers; professional development service providers; digital outsourcing (who would have incidental access); recruiting and talent development service providers; and any other service providers that may be necessary to manage your employment. These service providers are contractually restricted from using or disclosing the information except when it is necessary to perform services on our behalf or to comply with legal requirements
• In the event that a Funcom business is sold or integrated with another business. In this scenario, Personal Information may be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business as required for the purposes set out above.

To comply with legal obligations, including but not limited to complying with tax and regulatory obligations, sharing data with labor/trade unions and works councils, and responding to a court proceeding or a legitimate legal request from law enforcement authorities or other government regulators.

 

Where does Funcom transfer/store your Personal Information? 

Because Funcom is a global company with locations in many different countries, we may transfer your information from inside the EEA/UK to a third country in order to accomplish the purposes listed above. The countries to which Personal Information is shared include, the United States, Canada, Norway, Sweden,  many countries in Europe, and other countries, including (without limitation) some in Asia.  We will transfer your Personal Information consistent with applicable legal requirements and only to the extent necessary for the purposes set forth above.

Funcom relies on available legal mechanisms to enable the legal transfer of Personal Information across borders and ensure an adequate level of protection, as required by law. To the extent that Funcom relies on the standard contractual clauses (also called the model clauses) or Binding Corporate Rules to authorize transfers, Funcom will comply with those requirements, including where there may be a conflict between those requirements and this Notice. A copy of the relevant mechanism can be provided for your review on request using the contact details set out below.

 

What choices do you have about how Funcom uses your Personal Information?

 You have the right to ask us for a copy of your Personal Information; to correct, delete or restrict processing of your Personal Information; and to obtain the Personal Information you provide in a structured, machine-readable format. In addition, you can object to the processing of your Personal Information in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement). Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to Funcom processing your data, this will not affect any processing which has already taken place at that time.

These rights may be limited, for example if fulfilling your request would reveal Personal Information about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you have unresolved concerns, you have the right to complain to a data protection authority.

Where we collect Personal Information to administer our contract with you or to comply with our legal obligations, this is mandatory, and we will not be able to manage the employment relationship without this information. In all other cases, provision of the requested Personal Information is optional, but this may affect your ability to participate in certain programs or systems, where the information is needed for those purposes. For example, you may not be able to participate in a team activity if you choose not to provide the relevant information.

Depending on the location in which you work, local laws may require that you provide specific consent for the collection, use and/or disclosure of Personal Information in certain circumstances. Where required, Funcom will ask for such consent by appropriate and permitted means.

Many individuals have direct access to most of their Personal Information contained in various Funcom HR systems and can access, correct, change, delete, or copy their Personal Information using that direct access. You can also make requests directly to us by contacting [email protected].

How long does Funcom retain Personal Information?

Funcom retains your human resources Personal Information for the length of your employment and for any additional period as required by applicable law or regulation, court, administrative or arbitration proceedings, or audit requirements. After this period, we will take steps to delete your personal data or hold it in a form that no longer identifies you.  For more specific information about retention of your human resources information, please contact your local HR representative.

Funcom may retain data for the purposes of performing administrative tasks related to your employment, and for archival, record-keeping and legal purposes, in accordance with our customary HR and employment practices.

 

What additional information should US-based employees know?

 Residents of the US: Funcom collects Social Security Numbers where required by law, such as for tax and payroll purposes.When Funcom collects and/or uses Social Security Numbers, we  will take proper care by protecting confidentiality, limiting collection, ensuring access on a need-to-know basis, implementing appropriate technical safeguards, and ensuring proper disposal.

Residents of California:

California Shine the Light Law: California residents may annually request and obtain information that is shared with other businesses for their own direct marketing use within the prior calendar year. Funcom does not share your personal information with other businesses for their own direct marketing use.

California Consumer Privacy Act: California residents have the right to:

• request details about the personal information that we have about you, including the categories of information, the purpose for which we use it, with whom we share it, and specific information about what personal information we have about you;
• request that your data be deleted; and
• direct a company not to sell your data, but, as Funcom does not sell personal information, this does not apply.

If you are a California resident and you would like to exercise your rights, you should contact [email protected] . Please provide your name, a way for Funcom to contact you (such as an email address or telephone number) so that we can respond to your request, information about the nature of your relationship with us), and details about the action that you would like us to take. Based on your request, we will investigate to determine if we have any of your personal information. If we do have your personal information (other than that provided in your request), we will seek to verify your identity based on the personal information that we already have; the data we will request will depend on the nature of the personal information we have about you. Once we verify your identity, we will provide you with a response, indicating how we will satisfy your request or why we cannot comply with your request.

Employees who provide information about family members and others: For emergency contact information, to cover dependents with available benefits, and to identify beneficiaries, you may choose to provide Funcom information about family members and others connected to you.

Before providing that information to Funcom, you must ensure that you have the legal authority to do so. To the extent that you provide information as the legal representative of minor children, your choice to provide the information represents consent that Funcom may collect, process, and transfer the information for the purposes for which it was provided and as set forth in this Notice.

 

How can you contact Funcom? 

If you have a question or concern about your Personal Information you should contact your local HR representative, [email protected], or your Privacy Professional or Data Protection Officer. Here is contact information:

Local HR	Contact using your regular internal channels
Legal	[email protected]
Privacy Professionals and Data Protection Officers	[email protected]
Mail	Funcom Group (Attn: Privacy) Kirkegata 15, Oslo Norway N-0153

 

Last Updated: 18 March 2024