WHAT IS THIS THE PURPOSE OF THIS PRIVACY NOTICE?

This Employee Privacy Notice gives you information about the personal data we collect about you in relation to your employment with Huawei, how and why we use that personal data and your rights in relation to it.

Further information about this Privacy Notice.

WHO ARE THE DATA CONTROLLERS?

The identity and contact details of the Data Controllers within Huawei are set out in this Privacy Notice.

Further information about Huawei Data Controllers.

WHY AND HOW WE PROCESS YOUR PERSONAL DATA

Set out below is information relating to the personal data which we process in relation to your employment including:

·         What information we collect and use

·         Why we use the information

·         Where we obtain the information from (the source)

·         The legal bases on which the information is processed

·         Who we share the information with (the recipients)

Further details are available by clicking on the relevant category of data below.

A. Compensation & benefits data

·         Payroll and Benefits Data

·         Salary & Bonus Management Data

B. Labour relationship data

·         Contract Management Data

·         Absence Management Data

·         Grievance/Employee Complaints Management Data

·         Disciplinary/Performance Management Data

·         Health Management Data

·         Leaver Management Data

C. Leadership & development data

·         Performance Management Data

·         Manager Appointment Data

D. Expat data

·         Expat Assignment Data

·         Expat Tax Return Data

E. Company property & facilities data

·         Company Asset Management Data

·         Company Dormitory/Canteen Management Data

·         Facilities Security Data

·         IT Systems Data

·         Travel & Expenses Data

OTHER INFORMATION CONTAINED IN THIS PRIVACY NOTICE

·         How long we retain your personal data for

·         Data sharing within the Huawei Group of Companies

·         Data sharing with third parties

·         Your rights as a data subject

What is this the purpose of this Privacy Notice?

This Employee Privacy Notice gives you information about the personal data we collect about you in relation to your employment with Huawei and how and why we use that personal data.

This Notice also contains a summary of your rights in relation to your personal data.

See the Glossary for explanation of some of the terms used in this Notice.

Further information about this Privacy Notice.

The identity and contact details of the Controllers

Huawei Technologies Dusseldorf GmbH (our West Europe Region headquarter)

Contact: Joerg Thomas, Data Protection Officer (joerg.thomas@huawei.com)

Registered address: Hansaallee 205, 40549 Duesseldorf, Germany

Telephone number: 0211 88254 1100

Huawei Technologies Dusseldorf GmbH (our West Europe Region headquarter)

Address: Hansaallee 205, 40549 Duesseldorf, Germany

Huawei Technologies Co. Ltd. (our Chinese parent company)

Address: Huawei Base, Bantian, Longgang District, Shenzhen, China

Huawei Technologies (Malaysia) Sdn. Bhd (our global payroll company)

Address: 701B, Level 7, Tower B, Uptown 5, 5 Jalan SS21/39, Damansara Uptown, 47400 Petaling Jaya, Selangor, Malaysia

A. COMPENSATION & BENEFITS DATA

1.       Payroll and Benefits Data

In order to ensure employees receive their salary and benefits in accordance with their employment contract, we process information about the employee’s identity, their terms and conditions of employment and tax and banking details. We are obliged to process some of this information under legal and tax rules. This information is shared with HR team members involved in the payroll process, the tax authorities and third party providers who administer our payroll and benefit arrangements.

Further details about how we process Payroll & Benefits Data.

2.       Salary & Bonus Management Data

In order to make decisions about salary adjustments and bonus payments, we process information about the employee’s identity, their work performance and employment history within Huawei. This information is shared with HR team members and managers within Huawei who are involved in the salary, bonus and incentives management processes.

Further details about how we process Salary & Bonus Management Data.

B. LABOUR RELATIONSHIP DATA

1.       Contract Management Data

In order to implement changes to the job or terms and conditions of employment, we process information relating to the employee’s identity, their current and future terms and conditions of employment and performance and work history within Huawei. This information is shared with HR team members and managers within Huawei who are involved in the contract management process.

Further details about how we process Contract Management Data.

B. LABOUR RELATIONSHIP DATA

2.       Absence Management Data

In order to process employee applications for leave and to effectively manage employee absence in accordance with our legal obligations, we collect and use information relating to the employee and their attendance record. In the case of sickness absence, in order to assess the working capacity of the employee and to meet our legal obligations, we may process special category data (data concerning health).

This information is obtained from the individual employee and from particular functional departments and systems within the Huawei Group. Information may be obtained from third parties, such as medical practitioners in the case of sickness absence.

This information is shared with HR team members within Huawei who are involved in the absence management process. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Absence Management Data.

B. LABOUR RELATIONSHIP DATA

3.       Grievance/Employee Complaints Management Data

In order to deal with employee complaints effectively and in accordance with our legal obligations, we collect and use information relating to the employee and the particular complaints they raise. Depending on the nature of the grievance/complaint, special category personal data may be involved.

This information is collected from the employee, other individuals involved in any investigation and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members, managers and other employees within Huawei who are involved in the grievance/employee complaints management processes. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Grievance/Employee Complaints Management Data.

B. LABOUR RELATIONSHIP DATA

4.       Disciplinary/Performance Management Data

In order to deal with employee misconduct or performance issues effectively and in accordance with our legal obligations, we collect and use information relating to the employee and the particular misconduct or performance issues.

This information is collected from the employee, their manager other individuals involved in any investigation and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members, managers and other employees within Huawei who are involved in the disciplinary/performance management processes.

Further details about how we process Disciplinary/Performance Management Data.

B. LABOUR RELATIONSHIP DATA

5.       Health Management Data

In order to effectively manage employees with health or disability issues in accordance with our legal obligations, we collect and use information relating to the employee and the particular issues. This information is likely to include special category data (data concerning health).

This information is collected from the employee, their manager other individuals involved in any investigation and from particular functional departments and systems within the Huawei Group. Information may be obtained from third parties, for example the employee’s doctor or other medical practitioner.

This information is shared with HR team members, managers and other employees within Huawei who are involved in the health management processes. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Health Management Data.

C. LABOUR RELATIONSHIP DATA

6.       Leaver Management Data

In order to effectively manage the departure of employees at the end of their employment, we collect and use information about their terms and conditions of employment and work history with Huawei.

This information is collected from the employee, their manager and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members, managers and other employees within Huawei who are involved in the leaver management processes.

Further details about how we process Leaver Management Data.

C. LEADERSHIP & DEVELOPMENT DATA

1.       Performance Management Data

In order to effectively evaluate employees’ performance on their job and their potential for development, we collect and use information relating to the employee, specifically their work performance and history.

This information is collected from the employee, their manager and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members and managers involved in the performance management processes.

Further details about how we process Performance Management Data.

C. LEADERSHIP & DEVELOPMENT DATA

2.       Manager Appointment Data

In order to identify suitable candidates for appointment to management positions, we collect and use information relating to employees, specifically their work performance, competency and history.

This information is collected from the employee, their manager and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members and managers involved in the manager appointment process.

Further details about how we process Manager Appointment Data.

D. EXPAT DATA

1.       Expat Assignment Data

In order to manage the transfer of expat employees undertaking overseas assignments in a legally compliant and efficient way, we collect and use information relating to expat employees, including special category data (data revealing racial or ethnic origin).

This information is collected from the employee and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members and other employees involved in the ex pat assignment process. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Expat Assignment Data.

D. EXPAT DATA

2.       Expat Tax Return Data

In order to support the expat employee’s tax return in their host country, we collect and use information relating to the ex pat employee and their earnings during their assignment. This includes special category personal data (data revealing racial or ethnic origin).

This information is collected from the employee and from particular functional departments and systems within the Huawei Group.

This information is shared with HR team members involved in the ex pat tax return process. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Expat Tax Return Data.

E. COMPANY PROPERTY & FACILITIES DATA

1.       Company Asset Management Data

In order to provide to the employee property and equipment which they require to carry out their work or as part of their benefits package, we collect and use information relating to the identify of the employee and the equipment they have been issued with.

This information is collected from the employee and from particular functional departments and systems within the Huawei Group.

This information is shared with Huawei team members involved in the company asset management process.

Further details about how we process Company Asset Management Data.

E. COMPANY PROPERTY & FACILITIES DATA

2.       Company Dormitory/Canteen Management Data

In order to provide accommodation and meal allowances for employees during business trips, we collect and use personal data relating to the employee and the details of their business trip. This includes special category data (data revealing racial or ethnic origin).

This information is collected from the employee and from particular functional departments and systems within the Huawei Group.

This information is shared with Huawei team members involved in the company dormitory/canteen management process. We have additional safeguards in place to ensure the processing of special category personal data meets data protection legal requirements.

Further details about how we process Company Dormitory/Canteen Management Data.

E. COMPANY PROPERTY & FACILITIES DATA

3.       Facilities Security Data

In order to capture employee working activity and ensure the security and safety of employees, other visitors and Huawei’s property, we collect and use information relating to employees’ attendance at Huawei premises.

This information is collected from particular functional departments and systems within the Huawei Group.

This information is shared with HR, Administration and IT team members within Huawei who are responsible for ensuring safety and security of employees and other visitors as well as managers and other personnel involved in investigating potential health and safety or security incidents.

Further details about how we process Facilities Security Data.

E. COMPANY PROPERTY & FACILITIES DATA

4.       IT Systems Data

To enable employees to securely access Huawei’s network and use its IT software applications to carry out their work, we process information relating to the employee’s personal and information systems identity and their system activity.

Some of the information is obtained from the employee, but most of it is generated by systems within the Huawei Group.

This information is shared with HR, Administration and IT team members within Huawei who are responsible for facilitating access to and safety and security of employees’ access to Huawei’s systems as well as other employees involved in investigating relevant incidents.

Further details about how we process IT Systems Data.

E. COMPANY PROPERTY & FACILITIES DATA

5.       Travel & Expenses Data

To ensure that the employee’s business trip is in accordance with our policies and procedures and to process reimbursement of the corresponding expenses, we collect and use information relating to the employee’s role and the details of the relevant business travel or other expense incident.

Most of the information is obtained from the employee, but some of it is generated by systems within the Huawei Group.

This information is shared with HR, Finance and Administration team members within the Huawei Group who are responsible for managing the expense reimbursement process as well as other employees involved in investigating any expense-related incidents.

Further details about how we process Travel & Expenses Data.

How long we retain the Personal Data for

We retain the Personal Data for as long as is necessary for the purposes for which it is collected and processed. In some cases, there are minimum periods of retention set by law. Further details of the periods we retain Personal Data obtained as part of the recruitment and on-boarding processes may be found in our Guidelines for Personnel Files Management.

Data sharing within the Huawei Group of Companies

Huawei has centralised data management systems in place which involve personal data being accessible by Huawei group companies outside of the European Economic Area (EEA), including in China where our parent company (Huawei Technologies Co. Ltd.) is based. The transfer of personal data outside of the EEA is in accordance with Data Protection Laws.

Further details about how we share personal data within the Huawei Group.

Data sharing with third parties

We may have to share personal data with third parties, including third-party service providers. We require third parties to respect the security of such personal data and to treat it in accordance with the law.

Further details about how we share personal data with Third Parties.

Your rights as a data subject

As a data subject, you have legal rights in relation to your Personal Data. Further details about how to exercise your rights as a data subject are contained in Huawei’s Data Subject Rights Policy. The following is a list of your rights:

·         Right of Access

·         Right of Rectification (Correction)

·         Right of Erasure (Deletion)

·         Right of Restriction

·         Right of Objection

·         Right of Portability

·         Right to Withdraw Consent

·         Right to Complain

Further details about your rights in relation to your personal data.

What is this the purpose of this Employee Privacy Notice?

This Employee Privacy Notice gives you information about the personal data we collect about you in relation to your employment with Huawei and how and why we use that personal data.

This Notice also contains a summary of your rights in relation to your personal data.

There is a section at the end of the Notice (called the Glossary) which explains some of the terms used in this Notice.

Please see our Recruitment Privacy Notice for details of our recruitment and on-boarding processing activities.

The identity and contact details of the Controllers

Huawei Technologies Düsseldorf GmbH (our West Europe Region headquarter)

Contact: Joerg Thomas, Data Protection Officer (joerg.thomas@huawei.com)

Registered address: Hansaallee 205, 40549 Duesseldorf, Germany

Telephone number: 0211 88254 1100

Huawei Technologies Dusseldorf GmbH (our West Europe Region headquarter)

Address: Hansaallee 205, 40549 Duesseldorf, Germany

Huawei Technologies Co. Ltd. (our Chinese parent company)

Address: Huawei Base, Bantian, Longgang District, Shenzhen, China

Huawei Technologies (Malaysia) Sdn. Bhd (our global payroll company)

Address: 701B, Level 7, Tower B, Uptown 5, 5 Jalan SS21/39, Damansara Uptown, 47400 Petaling Jaya, Selangor, Malaysia

A.     COMPENSATION & BENEFITS DATA

3.       Payroll and Benefits Data

The personal data

In relation to each employee of Huawei, Payroll Data are:

·         Name

·         Gender

·         Social Security Number

·         Tax information

·         Huawei ID number

·         Date of birth

·         Home address

·         Salary, allowances and all other payments paid to the employee in connection with their employment with Huawei

·         Bank account details

·         The employee’s Huawei email address

·         Absence data

·         Joining date

·         Work location

·         Job title

·         Health Status

·         Information in relation to specific benefits (as applicable)

The source of the personal data

The employee supplies the majority of the Payroll and Benefits Data as part of their application for employment, the on-boarding process and as they update their personal details during the course of their employment. The Payroll & Benefits Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

We process Payroll and Benefits Data in order to:

·         pay salary and other payments to employees under the terms of their employment contract

·         ensure employees are included in Huawei’s staff benefits schemes

·         make adjustments to salary in relation to any benefits which are wholly or partially funded by the employee

·         account to the relevant state authorities for payment of tax and social security contributions

The legal basis or bases we rely on to process the personal data

Huawei processes Payroll and Benefits Data on the following legal bases:

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure the employee receives payment/participates in the benefits in respect of their services to Huawei); and

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (the obligation to account to state authorities for tax and social security payments and the obligation to provide particular benefits schemes to employees).

Recipients of the personal data

HR team members within Huawei who are involved in the payroll process. Third party payroll providers – these include companies who are engaged by Huawei to make salary and benefit payments to employees on its behalf and organisations that provide benefits schemes or brokerage services to Huawei.

A.     COMPENSATION & BENEFITS DATA

4.       Salary & Bonus Management Data

The Personal Data

In relation to each employee of Huawei, Salary & Bonus Management Data are:

·         Name

·         Annual base salary

·         Car allowance

·         Joining date

·         Work location

·         Job title

·         Social security number

·         Tax information

·         Other official registration number (where applicable)

·         Huawei ID number

·         The employee’s Huawei email address

·         Last appraisal (PBC) rating

·         Job matching information

·         Competence & Qualification (C&Q) information

·         Historic salary adjustment information

·         Job and Personal Grades

The source of the personal data

The employee supplies most of the Salary & Bonus Management Data as part of their application for employment, the on-boarding process and as they update their personal details during the course of their employment. The Salary & Bonus Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Salary & Bonus Management Data in order to:

·         Make decisions about salary adjustments

·         Make decisions about awarding bonus and other incentive and reward payments

The legal basis or bases we rely on to process the personal data

Huawei Processes Salary & Bonus Management Data on the following legal bases:

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure the employee receives salary adjustments and incentive/reward payments awarded to them by Huawei in relation to their employment);

·         processing is necessary to further Huawei’s legitimate interests of rewarding and motivating employees by awarding salary increases, bonus and other incentive and reward payments or benefits.

The recipients of the personal data

HR team members and managers within Huawei who are involved in the salary, bonus and incentives management process.

C. LABOUR RELATIONSHIP DATA

7.       Contract Management Data

The personal data

In relation to each employee of Huawei, Contract Management Data are:

·         Name

·         Home address

·         Date of birth

·         Current and new job positions

·         Current and new salary and bonus potential

·         Current and new contract type and duration

·         Current and new terms and conditions of employment

·         Language skills

·         Education and qualifications

·         Past employment history

·         Huawei employee ID number

·         Past 3 years’ performance appraisal (PBC) ratings

·         Competence & Qualification (C&Q) information

The source of the personal data

The employee supplies most of the Contract Management Data as part of their application for employment, the on-boarding process and as they update their personal details during the course of their employment. The Contract Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Contract Management Data in order to issue contract extensions, promotions, job changes, any changes to terms and conditions and internal transfers

The legal basis or bases we rely on to process the personal data

Huawei Processes Contract Management Data on the following legal bases:

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure changes to contractual documentation are implemented);

·         processing is necessary to further Huawei’s legitimate interests of ensuring that any changes to job positions and changes to terms and conditions are managed effectively.

Recipients of the personal data

HR and recruitment team members and managers within Huawei who are involved in the contract management processes.

C. LABOUR RELATIONSHIP DATA

8.       Absence Management Data

The personal data

In relation to each employee, Absence Management Data are:

·         Name

·         Home address

·         Date of birth

·         Huawei employee ID number

·         Social security number

·         Department and line manager

·         Absence period

In addition to the above, further personal data may be obtained depending on the type and circumstances of absence. This includes special category personal data (data concerning health).

The source of the personal data

The employee supplies most of the Absence Management Data as part of their application for leave. Absence Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Absence Management Data in order to:

·         Process employee applications for leave (paid or unpaid)

·         Effectively manage employee absence.

The legal basis or bases we rely on to process the personal data

Huawei Processes Absence Management Data on the following legal bases:

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure correct payments are made to employees during periods of leave);

·         processing is necessary to further Huawei’s legitimate interests of ensuring that employee absence is managed effectively;

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (the obligation to ensure employees receive statutory pay in respect of the relevant periods of leave).

Special Category Personal Data is processed:

·         where the employee has given their explicit consent to the processing of those Personal Data for one of more specified purposes. The purposes shall be specified to the employee at the time when their explicit consent is being sought; or

·         where processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of Huawei in the field of employment law.

Recipients of the personal data

HR team members within Huawei who are involved in the absence management processes. Managers to enable them to manage their teams and workloads and handle any absence management processes.

C. LABOUR RELATIONSHIP DATA

9.       Grievance/Employee Complaints Management Data

The personal data

In relation to each employee, Grievance/Employee Complaints Management Data are:

·         Name

·         Huawei employee ID number

·         Incident description, date, other people involved, related evidence

·         Home address

·         Huawei email address

·         Department

·         Line manager

·         Investigation and outcome of grievance/complaint, including any follow up actions

·         Employee appeal against grievance outcome

·         Investigation and outcome of grievance appeal

Depending on the content of the Grievance/Employee Complaint, special category personal data may be involved.

The source of the personal data

The employee supplies Grievance/Employee Complaints Management Data as part of their grievance/complaint and during the course of any related investigation. Other employees involved in the investigation process provide relevant information relating to the investigation. Grievance/Employee Complaints Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei processes Grievance/Employee Complaints Management Data in order to investigate and attempt to resolve employee grievances/complaints.

The legal basis or bases we rely on to process the personal data

Huawei processes Grievance/Employee Complaints Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring that employee complaints are investigated and appropriate actions taken in order to resolve them;

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (the obligation to ensure employees are able to raise grievances/complaints about their employment).

Special Category Personal Data are Processed:

·         where the employee has given their explicit consent to the processing of those personal data for one of more specified purposes. The purposes shall be specified to the employee at the time when their explicit consent is being sought; or

·         where processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of Huawei in the field of employment law.

The recipients of the personal data

HR team members, managers and other workers within Huawei who are involved in the grievance/complaint management process. Any legal or other representative of the employee who has made the grievance or complaint.

C. LABOUR RELATIONSHIP DATA

10.   Disciplinary/Performance Management Data

The personal data

In relation to each employee, Disciplinary/Performance Management Data are:

·         Name

·         Huawei employee ID number

·         Incident/poor performance description, date, other people involved, related evidence

·         Home address

·         Huawei email address

·         Department

·         Line manager

·         Investigation and outcome of disciplinary/performance process, including any sanction

·         Employee appeal against disciplinary/performance outcome

·         Investigation and outcome of disciplinary/performance appeal

The source

The employee supplies Disciplinary/Performance Management Data as part of the disciplinary investigation/performance process. Other employees involved in the investigation process provide relevant information relating to the investigation/process. Disciplinary/Performance Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Disciplinary/Performance Management Data in order to:

·         Ensure cases of suspected misconduct or poor performance are investigated and appropriate sanctions are imposed to ensure acceptable standards of conduct and performance are maintained.

The legal basis or bases we rely on to process the personal data

Huawei Processes Disciplinary/Performance Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring adequate levels of conduct and performance are maintained and cases of suspected misconduct/poor performance are investigated and appropriate sanctions issued;

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (the obligation to ensure that a fair process is followed in respect of any suspected misconduct or poor performance before any sanction is issued).

Recipients of the personal data

HR team members, managers and other workers within Huawei who are involved in the disciplinary/performance management process. Any legal or other representative of the employee who has made the grievance or complaint.

C. LABOUR RELATIONSHIP DATA

11.   Health Management Data

The personal data

In relation to each employee, Health Management Data are:

·         Name

·         Huawei employee ID number

·         Home address

·         Huawei email address

·         Department

·         Line manager

·         Specific circumstances relating to employee illness or injury

In addition to the above, further personal data may be obtained depending on the type and circumstances of absence. This includes special category personal data (data concerning health).

Source of the personal data

The employee supplies Health Management Data as part of the health management process. Other employees involved in the investigation process provide relevant information relating to the investigation/process. The Employee’s doctor or other medical practitioners may provide information relating to the employee. Health Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Health Management Data in order to:

·         Ensure it complies with its legal duty to ensure a safe working environment for its employees and any other health and safety legal obligations;

·         Ensure it complies with its legal obligations in respect of disabled employees;

·         Ensure effective management of absent employees or employees on reduced duties.

The legal basis or bases we rely on to process the personal data

Huawei Processes Health Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring effective management of employee absence or reduced duties

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (health and safety obligations, compliance with laws in respect of disabled employees and a fair process prior to issuing any sanction or dismissing any employee in respect of capability relating to health)

Special category personal data is processed:

·         where the employee has given their explicit consent to the processing of those personal data for one of more specified purposes. The purposes shall be specified to the employee at the time when their explicit consent is being sought; or

·         where processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of Huawei in the field of employment law.

Recipients of personal data

HR team members and managers within Huawei who are involved in the health management process.

C. LABOUR RELATIONSHIP DATA

12.   Leaver Management Data

The personal data

In relation to each employee, Leaver Management Data are:

·         Name

·         Huawei employee ID number

·         Home address

·         Huawei email address

·         Job position

·         Department

·         Line manager

·         Employment start and end dates

·         Final salary and benefits payments due

In addition to the above, further personal data may be obtained depending on the circumstances of the employee who is leaving.

The source of the personal data

The employee supplies Leaver Management Data if they resign their employment as part of the resignation and exit interview process. Leaver Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Leaver Management Data in order to:

·         Ensure that the termination of an employee’s employment is implemented and that they receive their final salary and benefit payments.

·         Provide a standard reference on request by prospective employers.

·         Collect feedback from leavers as part of exit interview process in order to identify and address internal policies, procedures and other issues.

The legal basis or bases we rely on to process the personal data

Huawei Processes Leaver Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring that employees leave the business in a controlled manner reducing risk to the business, maintaining the employer brand and reputation and ensuring that the employee receives their final salary and benefits correctly;

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure correct payments are made to employees during at the end of their employment);

·         processing is necessary for compliance with a legal obligation to which Huawei is subject (the obligation to ensure employee’s receive correct wages in respect of their employment; the obligation to ensure termination of employment is notified to the relevant state immigration authorities).

Recipients of the personal data

HR, Administration and IT team members and managers within Huawei who are involved in the leaver management process.

D. LEADERSHIP & DEVELOPMENT DATA

3.       Performance Management Data

The personal data

In relation to each employee, Performance Management Data are:

·         Name

·         Huawei employee ID number

·         Job position

·         Department

·         Line manager

·         Last 3 years’ appraisal (PBC) ratings

·         Personal self-evaluation

·         Manager evaluation

·         Overseas experience

·         Job and personal levels

·         Competence & Qualification (C&Q) information

·         Appraisal results and feedback

The source of the personal data

The employee supplies their self-evaluation and feedback as part of the performance management process. Huawei’s managers and other employees provide evaluations, appraisal assessments and revised grades as part of the performance management process. Performance Management Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei processes Performance Management Data in order to effectively evaluate employees’ performance on their job and their potential for development.

The legal basis or bases we rely on to process the personal data

Huawei processes Performance Management Data to further Huawei’s legitimate interests of measuring performance across its organisation.

Recipients of the personal data

HR team members and managers within Huawei who are involved in the performance management process.

D. LEADERSHIP & DEVELOPMENT DATA

4.       Manager Appointment Data

The personal data

In relation to each employee, Manager Appointment Data are:

·         Name

·         Huawei employee ID number

·         Job position

·         Department

·         Line manager

·         Last 3 years’ appraisal (PBC) ratings

·         Personal self-evaluation

·         Manager evaluation

·         Overseas experience

·         Job and personal levels

·         Co-worker, manager and subordinate references

·         Competence & Qualification (C&Q) information

The course of the personal data

The employee supplies their self-evaluation and feedback as part of the manager appointment process. Huawei’s managers and other employees provide evaluations and assessments as part of the manager appointment process. Manager Appointment Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei processes Manager Appointment Data in order to identify suitable candidates for appointment to management positions.

The legal basis or bases we rely on to process the personal data

Huawei processes Manager Appointment Data to further Huawei’s legitimate interests of ensuring suitable candidates are appointed to management positions.

Recipients of the personal data

HR team members and managers within Huawei who are involved in the manager appointment process.

E. EXPAT DATA

3.       Expat Assignment Data

The personal data

In relation to each expatriate employee, Expat Visa Data are:

·         Name

·         Huawei employee ID number

·         Date of birth

·         Passport information

·         Visa information

·         Nationality

·         Gender

·         Salary, allowances and benefits information relevant to expats employed within the Huawei Group

·         Work, education and qualifications history

·         Job position

·         Work location

·         Assignment dates

The following is special category personal data as it is personal data revealing racial or ethnic origin:

·         Passport information

·         Nationality

·         Visa information

The source of the personal data

The employee supplies much of the Expat Assignment Data as part of their application for overseas assignment. Expat Assignment Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Expat Assignment Data in order to manage the transfer of expat employees undertaking overseas assignments in a legally compliant and efficient way.

The legal basis or bases we rely on to process the personal data

Huawei Processes Expat Assignment Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring a smooth transition of expat employees on overseas assignment.

·         processing is necessary to comply with a legal obligation (immigration requirements).

Any Special Category Personal Data shall be processed where the individual has given their explicit consent to the processing of those personal data for one of more specified purposes. The purposes shall be specified to the individual at the time when their explicit consent is being sought.

Recipients of the personal data

HR team members within Huawei who are involved in the expat assignment management process.

E. EXPAT DATA

4.       Expat Tax Return Data

The personal data

In relation to each expat employee, Expat Tax Return Data are:

·         Name

·         Huawei employee ID number

·         Date of birth

·         Nationality

·         Salary, allowances and benefits information

·         Payroll and tax reference codes

·         Assignment information

Nationality is special category personal data as it is personal data revealing racial or ethnic origin.

The source of the personal data

The employee supplies much of the Expat Tax Return Data as part of their application for overseas assignment and the annual tax return process. Expat Tax Return Data are stored on Huawei’s internal HR management and IT management systems.

Why we process the personal data

Huawei Processes Expat Tax Return Data in order to manage the expat employee’s tax return in their host country.

The legal basis or bases we rely on to process the personal data

Huawei Processes Expat Tax Return Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of assisting expat employees with the personal tax affairs.

·         Processing is necessary to comply with a legal obligation (tax and social security laws).

Any Special Category Personal Data shall be processed where the individual has given their explicit consent to the processing of those personal data for one of more specified purposes. The purposes shall be specified to the individual at the time when their explicit consent is being sought.

Recipients of the personal data

HR and Finance team members within Huawei who are involved in the expat tax return process.

F. COMPANY PROPERTY & FACILITIES DATA

6.       Company Asset Management Data

The personal data

In relation to each employee, Company Asset Management Data are:

·         Name

·         Huawei employee ID number

·         Details of asset (e.g. company car, laptop, SIM card, mobile device)

The source of the personal data

The Company Asset Management Data are obtained from Huawei’s internal HR, administration and IT management systems.

Why we process the personal data

Huawei processes Company Asset Management Data in order to provide to the employee property and equipment which they require to carry out their work or as part of their benefits package.

The legal basis or bases we rely on to process the personal data

Huawei processes Company Asset Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring employees have the required property and equipment to carry out their work

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure the employee receives the benefits in respect of their services to Huawei).

Recipients of the personal data

HR, Administration and IT team members within Huawei who are involved in the administration of Company assets.

F. COMPANY PROPERTY & FACILITIES DATA

7.       Company Dormitory/Canteen Management Data

The personal data

In relation to employees who are assigned to work from another Huawei location away from their base workplace, Company Dormitory/Canteen Management Data are:

·         Name

·         Huawei employee ID number

·         Huawei email address

·         Travel (flight) itinerary

·         Passport information

·         Visa information

·         Details of employment assignment

·         Details of dining expenditure

Passport information is special category personal data as it is personal data revealing racial or ethnic origin.

The source of the personal data

The Company Dormitory/Canteen Management Data are obtained from Huawei’s internal HR, administration and IT management systems.

Why we process the personal data

Huawei processes Company Dormitory/Canteen Management Data in order to provide accommodation and meal allowances for the employee during their business trip.

The legal basis or bases we rely on to process the personal data

Huawei processes Company Dormitory Management Data on the following legal bases:

·         processing is necessary to further Huawei’s legitimate interests of ensuring employees have access to accommodation and meals during their business trips;

·         processing is necessary for the performance of the employment contract between Huawei and the employee (to ensure the employee receives the benefits in respect of their services to Huawei).

Recipients of the personal data

HR, Administration and IT team members within Huawei who are involved in the administration of facilities for employees undertaking business trips.

F. COMPANY PROPERTY & FACILITIES DATA

8.       Facilities Security Data

The personal data

In relation to each employee, Facilities Security Data are:

·         Records of employees’ attendance at Huawei offices and other premises (Huawei employee ID number and time of attendance is recorded)

·         Records of employees’ movements within Huawei offices and other premises (swipe card entry around the relevant building)

·         CCTV footage (photographic and video images) within Huawei’s offices and other premises (including external areas such as car parks)

The source of the personal data

The Facilities Security Data are obtained from Huawei’s internal HR, administration and IT management systems.

Why we process the personal data

Huawei processes Facilities Security Data in order to capture employee working activity and ensure the security and safety of employees, other visitors and Huawei’s property.

The legal basis or bases we rely on to process the personal data

Huawei processes Facilities Security Data on the basis it is necessary to further Huawei’s legitimate interests of ensuring employees’ working activity is captured where this is relevant to the nature of the work they undertake or the type of working relationship with Huawei.

Recipients of the personal data

HR, Administration and IT team members within Huawei who are responsible for ensuring safety and security of employees and other visitors. Managers and other employees involved in monitoring employee working activity, including for the purposes of charging customers for such work (in accordance with the relevant contractual arrangements in place with the customer). Managers and other employees involved in a grievance/complaint or disciplinary investigation where Facilities Security Data is relevant to the investigation.

F. COMPANY PROPERTY & FACILITIES DATA

9.       IT Systems Data

The personal data

In relation to each employee, IT Systems Data are:

·         Name

·         Huawei ID number

·         Huawei IT account name and password

·         Huawei email address

·         Huawei telephone number

·         Login log

·         Internet browsing history

·         Device ID

·         Location

·         IP address

The source of the personal data

The IT Systems Data are obtained from the user (the employee) when they log on to the relevant IT system or application and from Huawei’s internal HR, administration and IT management systems.

Why we process the personal data

Huawei processes IT Systems Data to enable employees to access Huawei’s network and use its IT software applications to carry out their work in a manner which ensures the safety and security of Huawei’s network and its data.

The legal basis or bases we rely on to process the personal data

Huawei processes IT Systems Data on the basis that it is necessary to further Huawei’s legitimate interests of ensuring the safety and security of Huawei’s network and its data.

Recipients of the personal data

HR, Administration and IT team members within Huawei who are responsible for facilitating access to and safety and security of employees’ access to Huawei’s network and software applications. Managers and other employees involved in a grievance/complaint, disciplinary or suspected data breach investigation where IT Systems Data is relevant to the investigation.

F. COMPANY PROPERTY & FACILITIES DATA

10.   Travel & Expenses Data

The personal data

In relation to each employee, Travel & Expenses Data are:

·         Name

·         Huawei ID number

·         Department and line manager information

·         Grade

·         Business travel arrangements (e.g. car usage, train, air travel)

·         Business trip expenditure (e.g. meal receipts)

The source of the personal data

The Travel & Expenses Data are obtained from the employee when they are booking their business travel request or claiming their expenses, as well as obtained from the internal HR, administration and IT management systems.

Why we process the personal data

Huawei processes Travel & Expenses Data to ensure that the employee’s business trip is in accordance with its policies and procedures and to process reimbursement of the corresponding expenses.

The legal basis or bases we rely on to process the personal data

Huawei processes Travel & Expenses Data on the bases:

·         it is necessary to further Huawei’s legitimate interests of ensuring that business travel and expenses are reasonable and in accordance with its policies and procedures in force from time to time;

·         it is necessary for the performance of the employment contract (to ensure employees receive reimbursement of travel expenses in accordance with their employment contract); and

·         it is necessary to comply with legal obligations (tax and social security obligations).

Recipients of the personal data

HR, Finance and Administration team members within Huawei who are responsible for processing expenses claims. Managers and other employees involved in the expense approval process. Managers, HR team members and other employees who are involved in investigating grievance/complaints, disciplinary and other internal investigations where the Travel & Expenses Data are relevant to the investigation.

How long we retain the Personal Data for

We retain the Personal Data for as long as is necessary for the purposes for which it is collected and processed. In some cases, there are minimum periods of retention set by law. Further details of the periods we retain Personal Data in relation to our HR processes may be found in our Guidelines for Personnel Files Management.

Data sharing within the Huawei Group of Companies

Huawei is a world-wide group of companies, which operates not necessarily along the borders of legal entities and countries, but according to functions which may exist across various group companies and countries. Like most global organisations, Huawei has centralised data management systems in place which involve personal data being accessible by Huawei group companies outside of the European Economic Area.

In particular, we have recruitment, HR and IT management systems which are hosted and managed by our parent company (Huawei Technologies Co. Ltd.) in China. This means that all Personal Data which are held on these systems (including emails) and other applications and platforms are accessible by employees of Huawei Technologies Co. Ltd.

Additionally, Payroll and Benefits Data are transferred to or accessible by Huawei Technologies (Malaysia) Sdn. Bhd (our global payroll company) for the purposes of processing payments to employees.

We have put in place appropriate safeguards for the transfer of personal data to a third country by adopting the standard data protection clauses adopted by the Commission in accordance with the Committee procedure set out in Article 87(2). Further information about the appropriate safeguards may be obtained from Huawei’s Shared HR Service E-mail: Hrhotline@huawei.com, HR Hotline (60169).

Data sharing with third parties

We may have to share employees’ personal data with third parties, including third-party service providers. We require third parties to respect the security of such personal data and to treat it in accordance with the law.

We will share employees’ personal information with third parties where required by law, where it is necessary to administer the working relationship with the employee or where we have another legitimate interest in doing so.

”Third parties” includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, some IT services.

All our third-party service providers are required to take appropriate security measures to protect employees’ personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Your rights as a data subject

As a data subject, you have the following legal rights in relation to your Personal Data. Further details about how to exercise your rights as a data subject are contained in Huawei’s Data Subject Rights Policy.

Right of Access

You have the right to obtain from Huawei confirmation as to whether or not personal data concerning you is being processed and, where that is the case, access to a copy of the personal data and specific information about how Huawei processes the personal data.

Right of Rectification (Correction)

You have the right to obtain from Huawei the correction of inaccurate personal data concerning you and also the right to have incomplete personal data completed.

Right of Erasure (Deletion)

You have the right to obtain from Huawei the erasure (deletion) of your personal data in particular circumstances.

Right of Restriction

You have the right to obtain from Huawei restriction of processing in particular circumstances.

Right of Objection

You have the right to object to the processing of your personal data in particular circumstances.

Right of Portability

In certain circumstances, you have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

Right to Withdraw Consent

Where the legal basis of processing personal data is based on consent, you have the right to withdraw your consent at any time.

Right to Complain

You have the right to lodge a complaint to the national Supervisory Authority.

Glossary

Controller

A Controller is an organisation who (alone or jointly with others) determines the purposes and means of the processing of personal data.

Data Transfer Agreement

An agreement containing standard data protection clauses adopted by the European Union Commission as referred to in Article 46(2)(c) of the GDPR.

Data Subject

The identified or identifiable natural person to whom the Personal Data relates.

GDPR

The European Union General Data Protection Regulation (2016/679).

Legal Basis

Processing of Personal Data is only lawful if and to the extent that at least one legal basis specified in the GDPR applies. The available legal bases which are applicable in the employment context are summarised as:

·         consent of the data subject

·         processing necessary to enter into or perform a contract

·         necessary for compliance with a legal obligation

·         processing necessary in order to protect the vital interests of the Data Subject or another natural person

·         processing necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data (Legitimate Interests).

Personal Data

Any information relating to an identified or identifiable natural person (Data Subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Process/Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Special Category Personal Data

Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.