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 Customer’s 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 User’s 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 platform’s magnitude of features.
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:
4. End-Users’ personal data received from Google
If you choose to access our App using Google’s 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’, Factorial’s App collects the following information from the End-Users:
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.
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.
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.
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 HR’s 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 HR’s 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:
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:
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.
Last updated: 02/26/2021.