Privacy Policy

  1. Introduction

At SmarTree Consulting Ltd (hereafter referred to as the Company or SCL), we are committed to protecting and respecting your data protection and privacy rights. We respect and value the privacy of all of our service users and only collect and use personal data in ways described here. All personal data gathered will be processed in accordance with our obligations, the Data Protection Act 2017 and all other application Data Protection regulations.

This Privacy Policy describes how the Company collects, uses and processes your personal data, and how, in doing so, we comply with our legal obligations to you.

  1. Queries and complaints

If you have any questions about this privacy policy and our privacy practices, including any requests to exercise your legal rights, please contact our Data Protection Officer by email (doreen.cotte@smartreeconsulting.com) or telephone (5762 0940). The Company’s address is Digital House, Arsenal Road, Calebasses.

You have the right to make a complaint relating to the handling by us of your personal data at any time to the Commissioner, the supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the Commissioner so respecting please contact us in the first instance.

  1. What personal data do we collect for employees?

Personal data, or personal information, means any information about an individual from which that person can be identified. The personal information collected and processed by the Company (in paper and electronically) includes:

  • Your full name, date of birth, gender, address, phone number, and email address
  • National ID number
  • Payroll information and banking details
  • Emergency contact details (name, phone number, address)
  • Date of hire, date(s) of promotions(s), work history, technical skills, educational background, professional certifications and registrations, language capabilities, and training records
  • Letters of offer and acceptance of employment
  • References and interview notes

If you do not provide requested information, this could hinder the company’s ability to meet its legal obligations and meets its legitimate interest purposes. As such, failure or refusal to provide any information which may be required for the purposes of your employment may render your employment impossible and/or amount to a breach of the terms and conditions of your employment.

  1. What personal data do we collect for job applicants?

SCL collects and processes personal data relating to job applicants as part of our recruitment process. This includes:

  • your name, address and contact details, including email address and telephone number
  • details of your qualifications, skills, experience and employment history
  • information from interviews and phone-screenings you may have
  • information about your current level of remuneration, including benefit entitlements

We may collect this information in a variety of ways. For example, data might be contained in application forms or CVs (including when these are sent to us as part of speculative applications or queries), obtained from your national ID or other identity documents, or collected through interviews or other methods of assessment.

We may also collect personal data about you from third parties, such as references supplied by former employers. We will seek information from third parties only once a job offer has been made to you.

The Company has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond to and defend against legal claims.

  1. How is the data being used?

The information about you is used in connection with the contract we have with you including the following, which meet the legal purposes of (i) performance of contract and (ii) legitimate interest:

  • For the preparation and/or execution of the terms and conditions of contracts of employment
  • For the payment of the salaries and other monetary benefits
  • For contributions to the National Pensions Scheme;
  • For compliance with all the relevant statutory provisions and regulations
  • For sending correspondence by email and/or post or contacting you by telephone
  • For some positions, the organisation is obliged to seek information about criminal convictions and offences. Where the organisation seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment.
  • For disciplinary actions and investigations
  • For workforce management (including planning, recruitment, performance management, learning and development)

We do not carry out automated decision making or profiling.

Purpose

We may use your personal information:

  • for the purposes described in this Privacy Policy; or
  • for any additional purposes that we advise you of and where your consent is required by law, we have obtained your consent in respect of the use or disclosure of your personal information.

We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

  1. How do you keep my data secure and confidential?

We are committed to ensuring that your information is secure with us and with the third parties who act on our behalf. We have a number of security precautions in place to prevent the loss, misuse or alteration of your information. All staff working for SCL have a legal duty to keep information about you confidential and all staff are trained in information security and confidentiality. The Company has strict information security policies and procedures in place to ensure that your information (whether held in paper or electronic format) is safe.

  1. To whom will the data be disclosed?

Your information will be shared internally in the business area in which you work, if access to the data is necessary for performance of their roles. Furthermore, we may share your personal data with external third parties, namely (i) banks (for disbursement of salaries), (ii) National Pension Fund (iii) service providers based in Mauritius acting as processors who provide IT and system administration services (iv) professional advisers based in Mauritius acting as including insurers, lawyers and auditors (iii) the Mauritius Revenue Authority, regulators and other authorities based in Mauritius who require reporting of processing activities in certain circumstances. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We limit access to your personal data to those employees, agents, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

  1. For how long will your data be retained?

Your records will be retained for certain periods (depending on the particular type of record) in line with our retention of records policy.

  1. What are your legal rights?

You have the following rights under data protection laws in relation to your personal data. If you wish to exercise any of these rights, please contact our Data Protection Officer by email, phone, or by letter.

  • Request access to your personal data (commonly known as a “data subject access request”). This includes details of what information we hold about you and a copy of that information.
  • Request rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with such a request where it is necessary to keep your information for the purposes of establishing, making or defending legal claims.
  • Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in some situations.

The information will be provided free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. Please note we will generally also ask for confirmation of your identity and may need further information from you in order to locate the information, in which case the time period starts from the date we have that detail. Please note that in some cases we may not be able to comply fully with your request, such as where your request also involves information about someone else and where confidentiality needs to be maintained.

  1. Revisions to this policy

We may from time to time make changes to this Privacy Policy to reflect changes in our legal or regulatory obligations or in the manner in which we deal with your personal information. We will communicate any revised version of this Privacy Policy. Any changes to this Privacy Policy will be effective from the time they are communicated, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you, where your consent is required to such collection, use or disclosure, until we have obtained your consent to such change.

June 2021