NETSCOUT SYSTEMS, INC.
EMPLOYEE/CANDIDATE PRIVACY NOTICE
Effective December 6, 2019
Your privacy is important to us. This notice describes how NetScout Systems, Inc. a Delaware corporation located at 310 Littleton Road Westford, MA 01886-4105, USA ("NetScout"), as data controller, will collect, process and use the Personal Information you submit when applying for a position with NetScout or one of its subsidiaries through this website or otherwise in your capacity as a current/former employee, contractor, director, officer or other individual who performs services for NetScout. In this notice, "Personal Information" or "PI" means any information relating to you, that identifies you, or could reasonably be used to identify you or could reasonably be linked, directly or indirectly, with you or your household or is otherwise defined or regulated as personal information under applicable laws or regulations.
If you do not want your PI processed via the website as described in this notice, you should not submit any information or apply for a job through this website. You may alternatively contact us at the contact information provided below for further information on how to apply for a position. Of course, we will in any case need to collect certain PI from you in order to assess your application however it is submitted.
WHAT PERSONAL INFORMATION WILL WE COLLECT AND USE
We will collect, process and use the following types of PI which you provide as part of your initial submission or otherwise make available to us as part of the application process:
- Identification information: such as your name, phone number and email address;
- Experience information: such as education and work experience, contact details of your former/current employer, information about your educational background, your work experience and other experience;
- Other information you submit: such as the information you provide in an application form, CV or resume or public profile you share with us;
If your application progresses and/or you are hired or otherwise engaged to perform services for NetScout, we may also collect and process the following:
- Information collected as part of the interview process, such as notes taken from your interview; and professional references
- Background check information: such as information obtained through reference checks, background screens and/or drug screens subject to any further permissions or notifications required by applicable law.
- Information required to initiate employment: such as proof of eligibility to work in country (like a passport, visa and I-9 verification), tax information, financial and bank account information you provide, benefits eligibility information (including beneficiary information), contact details including home address, home and mobile telephone numbers, personal email address and emergency contact you provide, and other information your provide for the purposes of starting employment or performing an employment contract.
- Health and medical details, including regarding leaves, to the extent required for compliance with employer's obligations such as administering leave, pay and benefits, health and safety reporting, workplace accommodations, managing the workforce and insurance claims;
- Information related to racial or ethnic origin, as a result of the processing of your photograph (e.g. for your security badge); or for immigration related purposes (e.g. evidence of appropriate work permits/visas to perform services and/or the filing of same);
- Sexual orientation details, if provided voluntarily for benefits administration or equal opportunities tracking purposes;
- Job related details: current (and any prior) job title, active status, hire and service dates, department, location, supervisor, employee payroll identification number, work address, work telephone numbers (including mobile number), work email address and employment contract (including any amendments or side letters) and photograph, if provided for security badging or directory purposes;
- Talent management, performance and disciplinary details: Training records, performance records and evaluations and related materials and disciplinary records such as details of any disciplinary action or investigation (if any);
- Company equipment and facilities usage related information: Including account information location, and access rights for company networks and records and logs of such use, and communications on company systems (in accordance with the IT Security Policy) as well as badge swiping logs and security CCTV footage, if any;
- Information collected from you in connection with administration of corporate credit cards and expense reimbursement;
- Payment information you provide for goods, services, and other transactions authorized by you in your capacity as NetScout personnel;
- Information about your office preferences or other property management purposes (e.g., adjusting your desk height, cooling the room, starting the fan, etc.);
- Any other information that you provide directly to us in connection with your working relationship with NetScout.
WHY WE COLLECT PERSONAL INFORMATION AND HOW WE USE IT
We will collect and use the PI which you provide in order to assess your qualifications and suitability for a job at NetScout and comply with statutory obligations we have in relation to the recruiting process. Your PI will be used and disclosed only for the legitimate business purposes of administering and evaluating your qualifications and suitability for employment and completing the on-boarding/new hire process, should you be offered and accept a position with a NetScout company. We may use your PI for a variety of reasons linked to processing your application as set out below ("Processing Purposes"):
- Assessing your qualifications for a job at NetScout, including your identification, experience and other information you submit and, if your application progresses, any interview information and background check/drug screening information;
- Determining your suitability for the role for which you have applied, or for other roles within the NetScout group of companies, including your identification, experience and other information you submit and, if your application progresses, any interview information, reference checks and background check/drug screening information;
- Conducting background checks as part of the assessment process, including your identification, experience and other information you submit and, any information provided during the interview or background check process;
- complying with applicable laws and employment-related requirements, including identification information and information required to initiate employment, for purposes such as confirming ability to legally work (including I-9 verification), setting up payroll, withholdings and benefits, and complying with statutory reporting requirements;
- Talent and performance management, training and career development;
- Payroll/compensation and benefits management, to ensure that you are paid and can take advantage of benefits offered by NetScout and its partners.
- Organization management and administration, including management of staffing resources, workforce and succession planning, headcount reporting, financial planning, corporate compliance, internal audits and other administration to meet our legitimate interests in running our business effectively;
- Administration of absences in accordance with company and statutory leave programs;
- Communications necessary to manage our business;
- Provision of IT helpdesk and support services;
- Managing corporate facilities, information systems and technology tools;
- Administering our applications, software, and systems as necessary to meet our legitimate interests in ensuring that our systems are secure and are fit for use;
- Preventing/addressing violations of company policies and/or law including hotline administration;
- Processing of claims and complaints, including the assignment of such claims to third parties;
- Business planning in connection with the sale or assignment of assets, mergers, acquisitions, restructuring and divestiture, or other changes of control or financial status of the Company or its affiliates;
- Compliance with company policies and procedures, and/or compliance with legal requirements or corporate obligations (such as internal or external audit) and/or responding to requests from administrative or judicial authorities;
- Statistical and analytical purposes to understand and improve worker satisfaction and performance; and
- Such other purposes as we may disclose to you from time to time.
Please note that if you submit your resume/CV or other information and any materials to us, we may use such information for recruitment and hiring purposes which may require sharing it with other NetScout subsidiaries, in particular, with the hiring entity which is offering the position.
SUBMITTING PERSONAL INFORMATION TO US
Resumes/CVs should include information relevant to your employment history and education (degrees obtained, places worked, positions held, relevant awards, and so forth). If you provide information about others (i.e., reference contact details), please first ensure you have informed them that you will be providing their information and that they are happy for you to provide it to us. Generally, we recommend that you do not disclose sensitive personal characteristics (e.g., gender, height, weight, religion, philosophical or political beliefs, financial data, age) in your resume/CV or any materials you submit in support of your application. However, in positions in some locations, we may request that you self identify with certain characteristics, such as gender, race/ethnicity or veteran status. You may choose not to disclose such characteristics and choosing not to disclose will not subject you to any adverse treatment. If you do disclose, this information will be kept confidential and used for reporting and statistical purposes.
Any misleading, false or willful omission of relevant information may be sufficient reason for refusal of employment, or suspension or dismissal from employment. Please submit only accurate information.
WHO MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION
Your PI may be shared with third parties, including entities within and outside the NetScout group of companies, located in any jurisdiction where NetScout group entities are located, for the Processing Purposes as follows:
- to the NetScout group of companies, as the NetScout entity you're applying to work for is part of a wider group with headquarters in the USA and offices in various jurisdictions, which share human resources and management decisions, we may transfer your PI to the hiring entity in order to make the hiring decision and to other entities within the group to monitor and assure compliance with applicable policies and procedures and applicable laws;
- to regulators, authorities and other third parties, such as courts and other authorities, independent external advisers and internal compliance and investigation teams - as necessary for the Processing Purposes described above; and
- to data processers, as necessary for the Processing Purposes described above. These diligently selected data processors may carry out instructions relating to IT hosting services or similar functions, recruitment or workforce administration. Where required, they will be subject to contractual obligations to implement appropriate technical and organizational measures to safeguard the PI, and to process it only as instructed.
Therefore, for the Processing Purposes, your PI will be processed and stored on systems used by us in the USA and in other secure locations, as may be required from time to time. Such locations may be in countries that do not provide a level of data protection comparable to the level in your home country. However, if you are in Europe, and your PI is shared with other NetScout entities, such transfer will be safeguarded by contractual measures based on the European Commission's approved standard contractual clauses. You can ask for a copy of these by contacting us as set out below.
Only authorized personnel (talent acquisition, human resources, legal, and appropriate managers) will have access to your PI for the legitimate business purposes described in this notice.
OUR RECORD RETENTION PRACTICES
NetScout will retain PI no longer than is necessary to carry out the Processing Purposes described in this notice and/or as required by applicable law in accordance with NetScout's record retention policy.
We will delete your information when we no longer need it for the Processing Purposes. Any PI retained will be processed, used, disclosed, and stored in accordance with this notice. If you do not want your information retained in the event that you are not offered a position, you can request deletion by contacting us. However, we may retain some of your information for longer for statistical purposes, including to meet statutory and regulatory requirements.
HOW WE SECURE YOUR PERSONAL INFORMATION
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION
Under applicable law, you may have certain rights in relation to your PI. These can differ by country. For instance, if you are in Europe, the EEA or Switzerland, your rights can be summarized in broad terms as follows:
(i) Right of access
You have the right to confirm with us whether your PI is processed, and if it is, to request access to that PI including the categories of PI processed, the purpose of the processing and the recipients or categories of recipients. We do have to take into account the interests of others though, so this is not an absolute right, and if you want to request more than one copy we may charge a fee.
(ii) Right to rectification
You may have the right to rectify inaccurate or incomplete PI concerning you.
(iii) Right to erasure (right to be forgotten)
You may have the right to ask us to erase PI concerning you.
(iv) Right to restriction of processing
In limited circumstances, you may have the right to request that we restrict processing of your PI, however where we process your PI for the Processing Purposes we think that we have a legitimate interest in processing that PI which may override a request that you make.
(v) Right to data portability
You may have the right to receive PI concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that PI to another entity.
(vi) Right to object and rights relating to automated decision-making
Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your PI, including profiling by us and we can be required to no longer process your PI. This may include requesting human intervention in relation to an automated decision so that you can express your view and to contest the decision.
You also have the right to lodge a complaint with the competent data protection supervisory authority in your jurisdiction.
If you'd like to exercise any of these rights, please contact us as provided below.
If you have questions about this notice, our privacy practices or the PI we collect about you, or have requests related to such PI, please contact NetScout's Data Privacy Office via DataPrivacy@netscout.com or 978.614.4000 (U.S.).