Recruitment Privacy Notice of Sumitomo Pharma Switzerland GMBH

1. What is this Recruitment Privacy Notice about?

2. Who is the controller for processing your data?

3. What data do we process?

4. For what purposes do we process your data?

5. On what basis do we process your data?

6. With whom do we share your data?

7. Is your personal data disclosed abroad?

8. How long do we process your data?

9. How do we protect your data?

10. What are your rights?

11. What data do we process on our LinkedIn corporate pages?

12. Can we update this Recruitment Privacy Notice?

What is this Recruitment Privacy Notice about?

Sumitomo Pharma Switzerland GmbH (also «we», «us») collects and processes personal data that concern you but also other individuals («third parties»). We use the word «data» here interchangeably with «personal data».

«Personal data» means data relating to identified or identifiable individuals. «Processing» means any operation that is performed on personal data, such as collection, storage, use, alteration, disclosure and erasure.

In this Recruitment Privacy Notice, we describe what we do with your data when you use our job application form on the website https://ch.sumitomo-pharma.com («recruitment portal») or otherwise apply or interact with us by other means of communication (e.g., email, mail, telephone) in relation to a job opening posted on our recruitment portal or LinkedIn, a job application or a potential employment contract.

This Recruitment Privacy Notice does not apply to our employees, contractors or clients, visitors of our websites or to other personal data that we collect for purposes other than those defined in this Recruitment Privacy Notice. This Recruitment Privacy Notice does also not apply to the processing of personal data by LinkedIn Corp for its own purposes, which can be found at https://www.linkedin.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy.

SMPS's recruitment portal is operated by our provider Greenhouse Software, Inc. («Greenhouse Software»), which acts as our processor. For more information on the processing by Greenhouse Software, please read its privacy notice, available at https://www.greenhouse.com/de/privacy-policy.

If you disclose data to us or share data with us about other individuals such as family members, co-workers, supervisors, former employers, etc., we assume you are authorized to do so and that the relevant data is accurate. When you share data about others with us, you confirm that. Please make sure that these individuals have been informed about this Recruitment Privacy Notice.

This Recruitment Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss current and revised Data Protection Act (together «DPA»). However, the application of these laws depends on each individual case.

2. Who is the controller for processing your data?

Sumitomo Pharma Switzerland GmbH, Aeschengraben 27, 4051 Basel, Switzerland («SMPS»), a Sumitomo Pharma company and an affiliate of Sumitomo Pharma America, Inc., acts as the controller with respect to the collection and processing of your data on the recruitment portal and related systems. SMPS is responsible for the collection and processing of your data in relation to the job opening. The same applies when SMPS posts a job offer on LinkedIn.

You may contact us for data protection concerns and to exercise your rights under Section 10 as follows:

Sumitomo Pharma Switzerland GmbH
Aeschengraben 27
4051 Basel
Switzerland
privacy@ch.sumitomo-pharma.com

We have appointed the following additional positions:

• a Data Protection Officer according to articles 37 et seq. GDPR who can be contacted at: Sumitomo Pharma Switzerland GmbH
  Data Protection Officer
  Aeschengraben 27
  4051 Basel
  Switzerland
  privacy@ch.sumitomo-pharma.com

• a Data Protection Representative in the EU according to article 27 GDPR: Myovant Sciences Ireland Limited
  EU Representative
  Western Business Park
  Shannon Co. Clare Ireland
  Shannon, Clare
  Ireland, V14 FW97
  privacy@ch.sumitomo-pharma.com

3. What data do we process?

We process various categories of data about you. The main categories of data are the following:

• Technical data: When you use our recruitment portal, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of our offerings. We generally keep technical data for up to 12
• Registration data: Certain offerings on our recruitment portal can only be used with a user account or registration. In this regard, you must provide us with certain data, and we collect data about the use of the offering or service. We generally keep this for up to 12 months from the date the use of the service ceases or the user account is deleted.
• Communication data: When you are in contact with us via the contact or application form, e-mail, mail, phone or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication (e.g. the type and nature of the communication). We generally keep this data for up to 12 months from the last exchange between us. This period may be longer where required for evidentiary purposes or to comply with legal or contractual requirements, or for technical reasons.
• Job application data: When you apply for a position with us, we collect and process the data that you submit to us in your application materials along with your job application, for example, your name and contact details, information about your academic background, qualifications, and professional experience. We generally collect this data directly from you in your application materials, such as your curriculum vitae, cover letter, diplomas, certificates, academic transcript of records and recommendation letters. Depending on the type of position advertised, we may also receive this data from recruitment and placement agencies that you have provided to them in the context of a job search. If your application is successful and you accept an offer of employment from us, this data that we have collected from you during the pre-employment period will become part of your personnel file with us and will be kept and processed in accordance with our separate Employee Privacy Notice. If your application is unsuccessful, we generally keep this data for 4 months from the date of notification of the rejection decision. This period may be longer in certain circumstances, for example if you have consented to a longer retention period so that we can inform you of future employment opportunities with us. In that case, we will generally keep the data for 1 year from the notification of the rejection decision, and for a maximum of 2 years if you agree to an extension period.
• Publicly available data: We may collect certain personal data about you online to the extent that you have made this information publicly available and it is relevant for the job opening at issue or otherwise your assessment as a professional. For example, we may find your profile on professional social media websites (such as LinkedIn) and collect the information made available through this channel. We generally keep this data for 4 months from the end of the relevant recruitment process.
• Reference data: If, in your application, you mention persons with whom or for whom you have worked in the past, such as former supervisors, co-workers, we can contact them by e-mail, telephone, letter or other means of communication, or meet with them in person, in order to obtain references about you. We will only contact these persons if you have specifically provided us with their names and contacts details for the purpose of your application. Again, we assume you are authorized to do so and that the relevant data you have provided us is accurate. If you are already employed by us and apply for another internal position, we may request references from your current supervisors and co-workers. We generally keep this data for 12 months from the end of the relevant recruitment process, except in the event of an internal application, where the data is already known to us and kept in accordance with our separate Employee Privacy Notice.
• Candidate assessment data: During the recruitment process, we collect data that serves to determine your suitability for the employment position, in addition to the job application data, the publicly available data and reference data. This includes the notes we take during and after our interviews with you, as well as our internal exchanges and discussions about your suitability for the position. If you are already employed by us and apply for another internal position, we may use information from your personnel file to supplement the information you provide to us with your application in order to assess your suitability for the new internal position. We generally keep this data for 12 months from the end of the relevant recruitment process, except in the event of an internal application, where the data is already known to us and kept in accordance with our separate Employee Privacy Notice.
• Behavioral and preference data: Depending on our relationship with you, we try to get to know you better and to tailor our services and offers to you, for example on the recruitment portal. For this purpose we collect and process data about your behavior and preferences. We do so by evaluating information about your behavior in our domain, and we may also supplement this information with third party information, including from public sources. Based on this, we can for example determine the likelihood that you will be interested in certain job openings. The data processed for this purpose is already known to us (for example where and when you apply for job openings), or we collect it by recording your behavior (for example how you navigate our recruitment portal). We anonymize or delete this data when it is no longer relevant for the purposes pursued, which may be – depending on the nature of the data – between 2-3weeks and 24 months (for job preferences). This period may be longer for evidentiary purposes or to comply with legal or contractual requirements, or for technical reasons. See how tracking works on the recruitment portal at https://www.greenhouse.com/de/cookie-notice
• Other data: We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation with administrative or judicial proceedings. We may obtain or create photos, videos and sound recordings in which you may be identifiable (for example in an assessment test, with security cameras etc.). We may also collect data about who enters our premises, certain buildings, and when, or who has access rights (including in relation with access controls, based on registration data or lists of visitors, etc.), and who uses our infrastructure and systems and when. The retention period for this data depends on the purpose and is limited to what is necessary. This ranges from a few days for most the security cameras to usually a few weeks in the case of data for contact tracing and visitor data that is usually kept for 3 months, to several yearsor longer for reports about events with images.

Much of the data set out in this Section 3 is provided to us by you (through application forms, application documents, when you use the recruitment portal, etc.). You are not obliged or required to disclose data to us except in individual cases (legal obligations). If you wish to enter into an employment relationship with us or use our services (in particular on the recruitment portal), you must also provide us with certain data, in particular job application data, reference data and – as may be the case on the recruitment portal – registration data, in order to be able to submit your application and be eligible as a candidate for the advertised position. Application to certain positions may be available only through the recruitment portal. When using our recruitment portal, the processing of technical data cannot be avoided. Depending on the job position at issue, we will also insist on collecting publicly available data, reference data and candidate assessment data if you want us to proceed with your job application. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. However, in the case of behavioral and preference data, you generally have the option of objecting or not giving consent.

4. For what purposes do we process your data?

We process your data for purposes related to communicating with you, in particular responding to inquiries and exercising your rights (Section 10) and allowing us to contact you in case of queries. For these purposes, we primarily use communication data and registration data in connection with our recruitment portal. We keep this data to document our communication with you, for quality assurance and for follow-up inquiries.

We process your data in order to determine whether you are a suitable candidate for the position you have applied for and to decide whether we would like to enter into an employment relationship with you. For this purpose, we mostly use job application data, publicly available data, reference data, and candidate assessment data. We process this data to progress your application through the different recruitment stages, to verify the qualifications information you have provided, to document our recruitment process and maintain employment records, as well as to document our decision-making process and make an informed recruitment decision.

We may process your data for market research, to improve our services on the recruitment portal, for developing our hiring processes and internal statistical purposes.

We may process your data for security and access control purposes.

We may process your data to comply with laws, directives and recommendations from authorities and internal regulations.

We may also process your data for our internal processes and administration and for protecting our rights.

5. On what basis do we process your data?

Where we ask for your consent for certain processing activities (for example for processing sensitive personal data), we will inform you separately about the relevant processing purposes. You may withdraw your consent at any time with effect for the future by providing a notice to us in writing (by mail) or, unless otherwise specified or agreed, by e-mailing us; see our contact details in Section 2 and how to exercise your rights in Section 10. Where you have a user account on our recruitment portal, you may withdraw consent or contact us through such recruitment portal. Once we have received notification of the withdrawal of your consent, we will no longer process your data for the purpose(s) you originally agreed to, unless we have another legal basis to do so. The withdrawal of your consent does not, however, affect the lawfulness of the processing based on the consent prior to its withdrawal. If you withdraw your consent to the processing of personal data that we need to assess or hire you for a particular position, you will not be able to continue with your application for that position.

Where we do not ask for your consent, the processing of your personal data relies on the basis of processing for initiating the necessary steps to enter into an employment contract with you or on our or a third-party legitimate interest in the particular processing operation, in particular in pursuing the purposes and objectives set out in Section 4 and in implementing related measures. This includes compliance with legal regulations, where compliance is not a legal basis under the applicable data protection law (for example under the laws in the EEA, the United Kingdom and Switzerland).

Where we receive sensitive personal data (for example health data, data about political opinions, religious or philosophical beliefs, and biometric data for identification purposes), we may process your data on other legal basis, for example, in the event of a dispute, as required in relation with a potential litigation or for the enforcement or defense of legal claims. In some cases, other legal basis may apply, which we will communicate to you separately as necessary.

6. With whom do we share your data?

In the context of our recruitment process, we may disclose your personal data to third parties, in particular to the following categories of recipients:

• Other Sumitomo Pharma companies: When you apply for an open position with us on our recruitment portal, we may share your application and related data with another Sumitomo Pharma company might be involved in the process in connection with that job opening. Additionally, with your consent, we may share your data with other Sumitomo Pharma companies so that they may contact you about future job opening with them that may be of interest to you, with such t companies acting as sole controllers for such purposes.
• Service providers: We work with service providers in the EEA, the United Kingdom, Switzerland and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers (for example IT providers, Sumitomo Pharma companies, talent acquisition service providers). This may include health data. For the service provider used for our recruitment portal, see Section 1. Our key service provider for talent acquisition is Greenhouse Software, Inc.
• Former and future employers, other organizations referred to in your CV: We may also disclose your data to former employers when you apply for a job with us (for example, reference information) or to future employers when you apply for a new job. These former and future employers act as separate controllers. The same applies with other organizations we may contact for validating your job application data.
• Authorities: We may disclose personal data to agencies, courts and other authorities in Switzerland, the EEA, United Kingdom and abroad if we are legally obliged or entitled to make such disclosures or if it appears necessary to protect our or third party interests.
• Legal advisors: We may also disclose personal data to lawyers and legal advisors.
• Other persons: This means other cases where interactions with third parties follows from the purposes set out in Section 4. Where these other persons determine the purposes and means of the processing and process your data for their own purposes, they act as separate controllers.

All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the processing by certain third parties (for example IT providers), but not by others (for example public authorities).

7. Is your personal data disclosed abroad?

As explained in Section 6, we disclose data to other parties. These are not all located in Switzerland or the EEA/UK. Your data may therefore be processed in Europe and, in principle, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose we use the new European Commission’s standard contractual clauses), unless we can rely on an exception or the recipient is subject to a legally accepted set of rules to ensure data protection. An exception may apply for example in case of legal proceedings abroad, in case of overriding public interest or if the performance of a contract requires disclosure.

Please note that data exchanged via the internet is often routed through third countries. Your data may therefore be sent abroad even if the sender and recipient are in the same country.

8. How long do we process your data?

We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. You will find further information on the respective storage and processing periods for the individual data categories in Section 3.. If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes.

9. How do we protect your data?

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, accidental alteration, unauthorized disclosure or access.

Technical and organizational security measures may include encryption and pseudonymization of data, logging, access restrictions, keeping backup copies, giving instructions to our employees, entering confidentiality agreements, and monitoring. Specifically, we take appropriate organizational measures to ensure that our employees have access to your data on a need-to-know basis, to extent necessary for the purposes described in this Recruitment Privacy Notice and the activities of the employees concerned. This includes, in particular, the hiring manager and the hiring team members, the employees of the HR department and support areas, such as the administrative and IT departments. Our employees act in accordance with our instructions and are bound to confidentiality and discretion when processing your data.

10. What are your rights?

To help you control the processing of your personal data, you have the following rights in relation to our data processing, depending on the applicable data protection law:

• The right to request information from us as to whether and what data we process from you;
• The right to have us correct data if it is inaccurate;
• The right to request erasure of data;
• The right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller;
• The right to withdraw consent, where our processing is based on your consent;
• The right to receive, upon request, further information that is helpful for the exercise of these rights;

If you wish to exercise the above-mentioned rights in relation with us or with one of our group companies, please contact us in writing, at our premises or, unless otherwise specified or agreed, by e-mail; you will find our contact details in Section 2 or through online Data Subject Right tools available on the recruitment website. In order for us to be able to prevent misuse, we need to identify you (for example by means of a copy of your ID card, unless identification is not possible otherwise).

You also have these rights in relation with other parties that cooperate with us as separate controllers – please contact them directly if you wish to exercise your rights in relation with their processing. You will find information on our key service providers in Section 6 and additional information in Section 1.

Please note that conditions, exceptions or restrictions apply to these rights under applicable data protection law (for example to protect third parties). We will inform you accordingly where applicable.

If you do not agree with the way we handle your rights or with our data protection practices, please let us know. If you are located in the EEA, the United Kingdom or in Switzerland, you also have the right to lodge a complaint with the competent data protection supervisory authority within in your country. You can find a list of authorities in the EEA here: https://edpb.europa.eu/about-edpb/board/members_en. You can reach the UK supervisory authority here: https://ico.org.uk/global/contact-us/. You can reach the Swiss supervisory authority here: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

11. What data do we process on LinkedIn including our corporate pages?

We may operate corporate pages on the professional social media network LinkedIn Corp. and collect the data about you described in Sections 3 and below. We receive this data from you and from LinkedIn when you apply directly to a job offer or when you share your LinkedIn profile in response to a job offer published by SMPS on our LinkedIn corporate page. At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market research purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers.

12. Can we update this Recruitment Privacy Notice?

We can change this Recruitment Privacy Notice at any time. The version published is the current version.

Last updated: 11 October 2023