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LEADERs

FUTURE

Program

Privacy Notice for Candidates and Employees 

Nikki Beach and its affiliated companies (“Company”, “we”, “our”, or “us”) are committed to protecting and respecting your privacy. This notice sets out the basis on which any personal data (“Personal Data" means any data that can or may be used whether alone or in combination with other information in order to identify you) that you provide to us, or that we otherwise collect, will be processed. This notice does not form part of any contract of employment or other contract to provide services. 

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It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing Personal Data about you, so that you are aware of how and why we are using such information.

1. OUR DATA PROTECTION PRINCIPLES  

We are committed to ensure that the Personal Data we process about you will be:

  • Used lawfully, fairly and in a transparent way.

  • Collected for specified, explicit and legitimate purposes, and not further processed in a manner that is incompatible with those purposes. 

  • Adequate, relevant and limited to what is necessary in relation to those purposes.

  • Accurate and kept up to date.

  • Kept only as long as necessary for those purposes.

  • Kept securely.

2. WHY DO WE COLLECT YOUR PERSONAL DATA?

We collect, store and process Personal Data about you for the following purposes: 

 

  • The assessment of your recruitment as a Company employee.

  • The process of onboarding you as a Company employee.

  • Managing our ongoing relationship and performing our duties towards you as an employee.

  • Complying with legal requirements we are subject to as an employer.

3. WHAT INFORMATION WE COLLECT ABOUT YOU  

We collect, store, use and process all or some of the following categories of Personal Data about you during the recruitment process:

 

  • Information collected for the purposes of your recruitment – which may include copies of "right to work" documentation, references and other information included in a CV or cover letter you provide us with as part of your application process.

  • Personal details - such as your name, title, address, telephone number, personal email addresses, date of birth. 

  • Publicly available online information - such as your LinkedIn profile URL or other similar social network.

  • If you are accepted as a Company employee - we will also ask that you provide additional information as needed for your recruitment, and which may include (but is not limited to): (a) information regarding your marital status and dependants, next of kin and emergency contact information, as well as a copy of your ID or passport; (b) your bank account details and tax information, in order to be able to perform our duties as your employer; and (c) we may also process information about your health and about your criminal convictions and offences, which are considered “special categories” of Personal Data in the EU (please refer to section 6 of this policy for more information).

4. HOW DO WE COLLECT YOUR PERSONAL DATA? 

Prior to your employment - we collect Personal Data about candidates through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may also collect additional information from third parties including former employers, reference agencies or publicly available resources (such as social networks).

 

During your employment - we will collect Personal Data in the course of job-related activities throughout the period of you working for us. 

5. HOW DO WE USE YOUR PERSONAL DATA?

Most commonly, we will use your Personal Data in the following circumstances:

  • To assess your candidacy and, if applicable, to perform the contract we have entered into with you as an employee – for example: 

    • Making a decision about your recruitment, employment or termination.

    • Assessing qualifications for a particular job or task, including decisions about promotions, salary reviews and compensation.

    • Paying you.

    • Conducting performance reviews, managing performance and determining performance requirements.

  • To comply with a legal or regulatory obligation – for example:

    • Deducting tax, as well as other deductions required by law or as a result of service you requested.

    • In order to comply with our legal and regulatory obligations (e.g. to combat money laundering, terrorist financing, corruption and bribery).

  • Where it is necessary for our, or yours, legitimate interests (or those of a third party) as long as your fundamental rights do not override those interests – for example:

    • Accounting and auditing.

    • Business management and planning.

    • Education, training and development requirements.

    • To conduct data analytics studies to review and better understand employee retention and attrition rates.

    • Personnel authentication and authorization, including employees presence documentation.

    • Gathering evidence for possible grievance or disciplinary hearings.

    • To ensure network and information security, including preventing unauthorised access to our offices, computers and electronic communications systems, and preventing unauthorised use or malicious software distribution.

  • Where it is needed in the public interest, or for protection of our rights – for example:

    • Dealing with legal disputes involving you or others, including accidents at work.

 

If you fail to provide certain information when requested, we may not be able to complete your candidacy review process, your recruitment, or to otherwise perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers). 

  

We will only use your Personal Data for the purposes for which we collected it. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. HOW DO WE USE SENSITIVE PERSONAL DATA? 

  • Information about your health - We may use sensitive Personal Data about your health in the following ways:

  1. We will use information about your health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.

  2. We will use information about your health to assist with your enrolment on our appointed benefit provider, as applicable. 

  • Information about criminal convictions and offences - We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. 

Your Consent - In some circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

7. SHARING YOUR PERSONAL DATA WITH THIRD PARTIES

Where required by law, necessary to administer the working relationship with you or where we have another legitimate interest in doing so, we may have to share your data with third parties, including third-party service providers and other entities in the Company group. 

We require third parties to respect the security of your data and to treat it in accordance with the law. 

 

  • Sharing of Personal Data with other entities in the group - We may share your Personal Data with:

    • Other entities in our group as part of our regular reporting activities on Company performance.

    • In the context of a business reorganisation or group restructuring exercise.

  • Sharing of Personal Data with relevant internal personnel – for example:

    • The Company management and HR teams, consisting of a limited number of individuals.

    • Individuals performing administrative and IT support functions;

  • Sharing of Personal Data with third parties - We may share your Personal Data with other third parties, for example:

    • Recruiters working with us, hiring managers and other interviewers. Often these individuals will be based in the country where the position is based, but in some cases they may be located in other countries;

    • In the context of the possible sale or restructuring of the Company. 

  • Sharing of Personal Data with Authorized personnel at our service providers – for example:

    • Providers of talent acquisition systems.

    • Providers of HR and payroll management systems.

    • Companies contracted to perform candidate background screenings. These companies may be based in another country, and may obtain data from other countries where you have lived, worked or studied, as may be relevant as part of a background check. 

  • Law enforcement, governmental authorities and regulators – for example, where legal reporting requirements may exist, or law enforcement agencies or private litigants in response to valid law enforcement process (warrant, subpoena, or court order).

 

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your Personal Data. 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.

8. INTERNATIONAL INFORMATION TRANSFERS

Please note that our business, as well as our trusted partners and service providers, are located around the world. Any information that we collect (including your Personal Data) is stored and processed in various jurisdictions around the world (including in the United States), for the purposes detailed in this Privacy Policy. 

 

For EEA and UK residents, please note that some data recipients may be located outside the EEA or the UK. In such cases we will transfer your Personal Information only to such countries as approved by the European Commission or the UK Information Commissioner's Office, as applicable, as providing adequate level of data protection, or enter into the legal agreements or other permissible methods to ensure an adequate level of data protection. In other jurisdictions where the applicable laws impose limitation on cross-border transfers, we will use only legally permissible methods to ensure an adequate level of protection of your Personal Information.

9. HOW DO WE PROTECT YOUR PERSONAL DATA?

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees 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. 

 

We have put in place procedures to deal with any suspected data security breach and to mitigate its effects, and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

10. RETAINING YOUR PERSONAL DATA

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a candidate or employee of the Company we will retain and securely destroy your Personal Data in accordance with our data retention policies, and delete it as soon as it is no longer needed to achieve the purpose of its collection. 

 

Please note however, that if we find you to be a suitable candidate for a position with us at a later time, we may retain your Personal Data so we may contact you to notify you of a suitable position at such time. You may reach out to us at any time and request that we delete your personal data from our records using the details below.

11. YOUR RIGHTS AS A DATA SUBJECT  

  • Your duty to inform us of changes

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your working relationship with us. We encourage you to keep your personal data up to date on all platforms made available to you in the course of your employment.

 

  •  Your rights in connection with Personal Data

As a data subject, local data protection regulations grant you with various rights with respect to your Personal Information. These rights vary between jurisdictions. We guarantee that your rights according to your applicable law will be fully recognized. If you are entitled to under the applicable data protection law in your jurisdiction, you may request to:

 

  1. Access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

  2. Correction of your Personal Data. This enables you to have any incomplete or inaccurate information we hold about you corrected.

  3. 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. 

  4. 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. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

  5. Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

  6. Request the transfer of your Personal Data (Right of portability). This enables you to request to receive your personal data in a structured, commonly used and machine-readable format and to transmit those data to another party.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. 

If you feel your rights have been prejudiced by us, you also have the right to lodge a complaint with a supervisory authority.

12. CONTACT US

If you have any questions about this privacy notice or how we handle your Personal Data, please contact us at:

 

Surgo II Enterprises GmbH, registered in Lausanne, Habsburgerstrasse 12, 6003 Luzern, Switzerland

 

Nikki Beach EMEA Hotels & Resorts Limited, Europa Centre, Triq Sant’ Anna, Floriana FRN 1400, MALTA

13. CHANGES TO THIS PRIVACY NOTICE  

We reserve the right to change this Policy at any time, so please re-visit this page frequently. All changes to this Policy are effective as of the stated “Last Revised” date, and your continued use of the websites or services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. We will make our best efforts to provide notice of substantial changes of this Policy through our websites, or when we have you contact information, attempt to notify you via e-mail regarding such changes. 

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