FACTORIAL HR APP PRIVACY POLICY

Welcome to Factorial HR’s App privacy policy!

For information regarding our processing of your personal data in contexts other than the Factorial HR App, please read our General Privacy Policy.

EVERYDAY SOFTWARE, S.L. a Spanish company with address in Carrer d'Àlaba, 61, 5-2, 08005 Barcelona, Spain and VAT number B66854530 (hereinafter, Factorial HR” or Factorial”) is committed to protecting your personal data. This privacy policy (hereinafter, Privacy Policy”) will inform you as to how we look after your personal data when you download, access or use our Android App available at the Google Play Store or our IOS App available at the App Store (hereinafter, the App”) and tell you about your privacy rights and how the law protects you.

Contact Details: Telephone (+34 932 205 976), e-mail (GDPR@factorial.co).

1. Factorial HR’ Services

Factorial is a cloud-based HR management platform used by organizations in their capacity as employers (hereinafter, Customers”) to optimize their HR processes by centralizing and digitizing administrative tasks relating to their employees (hereinafter, End-Users”).

2. Controller or Processor  

Factorial HR can be both a Controller and a Processor of personal data for the purposes of the General Data Protection Regulation 2016/679 (hereinafter, GDPR”). For example, Factorial will be the Controller of personal data when a Customer enters into a contract directly with us, for the processing of said Customers data.

However, in most of instances due to the nature of our business Factorial has no direct relationship with the data subjects and exclusively processes the End Users personal data on behalf of the Customers and according to their instructions. Thus, if you are an employee using our platform we act solely as data processor with respect to the processing of your data. Our Customers decide the purposes for which they use our App, as well as the means for collecting data from our platforms magnitude of features. 

  • Example: if you’re an employee of Company A, you are an End-User, Company A is our Customer and has full control over your personal data, and we process your personal data on Company A’s behalf and according to its instructions. 

3. End-Users’ personal data received from our Customers

Before you can access to our App, one of our Customers, as your employer, has already created an End-User account for you and provided us certain data about yourself, including:

  • Basic information: Full name, work e-mail, identity number.
  • Other information: Social security number, date of birth, gender, nationality, phone number, office to which you are assigned, time-off policy, bank account number, working hours, salary, term of the contract, full address, emergency contacts.

4. End-Users’ personal data received from Google

If you choose to access our App using Googles sign-in tool, Google Ireland Limited will share with us your full name, your e-mail address, your language preferences, and your profile picture for authentication purposes.

5. End Users’ data collected by our App

For the purposes of providing the services to our Customers, Factorials App collects the following information from the End-Users:

  • Data on mobile device: We automatically collect device information such as your mobile device ID, model and manufacturer, operating system, version information and IP address.
  • Geo-Location Information. If you choose to activate the clock-in or clock-out reminders (Settings>Notifications>Enable Notifications>Workplace proximity reminders), Factorial HR will request access or permission to and gather location-based information from your mobile device continuously (i.e., also when the App is closed and not in use).

This will allow our App to detect when you are getting close or leaving the office address you are assigned to in Factorial, which will trigger the corresponding push notification. Your location data is stored on your phone and never sent to Factorial HR. 

If you wish to change our access or permissions, you may do so using our App or in your device’s settings.

  • Clock-in information: If you use the App to time track your working hours, we will collect the clock-in and clock-out time and date, duration of your shift. If your company has geo-location clock in enabled and you have given the app permission to access to it, we will also collect your location information.
  • Time-off data: If you use the App to request time-offs we will collect information regarding the category of time-off to requested (e.g., holidays, sickness, etc.), duration of the requested time-off, and any other data you wish to provide in the description of the request.

6. Purposes and basis of the processing of your personal data

Factorial HR processes your personal data for the purposes determined by our Customers - as data controllers - and under their instructions as established in the Data Processing Agreement (DPA) entered into between us and our Customers.

Since each Customer might use our services for different purposes, we recommend that you always review your employer specific privacy policy to obtain the relevant data protection information.

  • Example: if you’re an employee of Company A, you are an End-User, and Company A might decide to use our platform for employee time and attendance management, time-off management, task management, etc.

Factorial HR does not process your personal data for its own purposes. When we process usage and analytics information, as well as some statistical and aggregate data derived from personal data for the improvement and further development of our services, we do so in an anonymized manner.

7. Security

Factorial HR implements state of the art security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. We also implement appropriate organizational measures to protect your information.

We apply our security standards also when working with business and technology partners. We only select and contract with processors and third parties who use appropriate security measures and provide sufficient guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we entrust with them.

Moreover, Factorial HRs employees have signed a Non-Disclosure Agreement or clause in connection to their employment and we have set internal processes such as continuous training and policies that are frequently updated to ensure the availability and resilience of our systems and services. Additionally, Factorial has a defined an incident response plan in case of a physical or technical incident. 

8. Sharing of your personal data

Data processed by Factorial HR is hosted in the EU and processed either within the EU or such third country deemed to offer an adequate level of security by the European Commission, or by service providers that have entered into binding agreements that fully comply with the lawfulness of third country transfers. Factorial HRs sub-processor list is available upon request at GDPR@factorial.co. In this sense, your data will be stored in EU-West1 region of Amazon Web Services (AWS), more specifically in Frankfurt.

9. Retention period

We keep personal data for different periods, depending on the type of information, the period of our contract with our Clients, legal requirements regarding certain types of data, and other factors. 

Generally speaking, we will stop processing your information when (a) your employer is no longer a Customer of Factorial HR; or (b) you are no longer an employee of our Customer. If circumstance (a) or (b) occurs and we are under no legal or contractual duty to preserve your information for a longer period, we will delete your data.

If we have to retain your information for the purposes of complying with a contractual or legal obligation of retention, or to resolve disputes or enforce our rights we will restrict is access by specific persons or role. 

10. Your rights  

Under the GDPR you have certain rights when it comes to our processing of your personal data:

  • Right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights.
  • Right of access: You have the right to obtain access to your personal data.
  • Right to rectification: You are entitled to have your personal data rectified if they are inaccurate or incomplete.
  • Right to erasure: This right enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not an absolute right to erasure and exceptions apply.
  • Right to restrict processing: You have rights to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further.
  • Right to data portability: You have a right to obtain and reuse your personal data for your own purposes across different services. 
  • Right to object to processing: You have the right to object to certain types of processing.
  • Right to lodge a complaint: You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection authority.
  • Right to withdraw consent:  If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time.
  • Right not to be subject to automated-decision making: You have the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal (or similarly significant) effects to you.

Factorial HR usually acts on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:

  • baseless or excessive/repeated requests; or
  • further copies of the same information.

You can address your communications and exercise your rights by sending written communication to the following e-mail address GDPR@factorial.co. In some cases, the request may be refused if you ask for the deletion of data necessary for the fulfilment of legal obligations. 

11. Changes to this Privacy Policy

We reserve the right to change this privacy policy to accommodate product and service development, industry standards, or new regulations. If such changes are material in nature we will do our best to inform you. 

Last updated: 02/26/2021.

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