Shell Group Employee, Contractor and Dependents’ Personal Data

What does this Privacy Notice cover?

Every individual within the Shell group of companies (‘Shell’ or ‘we’) is responsible for protecting personal data about each other as well as that of our customers, business partners and suppliers.

This Privacy Notice provides information about personal data processed by Shell companies in the United States of America in relation to individuals who are or were employees, interns or individual contractors (‘Shell Staff’) as well as dependents of Shell employees. For Shell Staff who are also Motorists, loyalty customers or users of a Shell app or website in any capacity other than as Shell Staff, please refer to the relevant privacy notice at https://www.shell.us/. For individuals who apply to work for, or who attend a recruitment event or undertake an assessment with Shell please see the Privacy Notice- Recruitment at https://www.shell.us/.

This Privacy Notice explains what personal data is processed, for which purposes, how long we hold the personal data for, how to access and update your personal data and where to go for further information.

As well as this Privacy Notice, other privacy notices explain how we process personal data in relation to specific HR processes (such as Open Resourcing, OneHealth IT and International Mobility programs) as well as US specific privacy notices to reflect local practices and legal requirements.

What personal data do we process?

Personal data is information that identifies you as an individual or relates to an identifiable individual. We process personal data necessary to manage the employment relationship, to engage contractors and interns and to provide benefits to certain dependents of Shell employees.

This includes, for example, personal home contact information, date of birth, marital status, payroll and bank account information, wage and benefit information including beneficiary information, emergency contacts, work performance information and any other information necessary for managing the employment relationship, for engaging contractors and for providing benefits to certain dependents of Shell employees (such as those dependents who accompany a Shell employee while on an expatriate assignment).

Sensitive personal data

We also process some special categories of personal data (’sensitive personal data’) where permitted by applicable law, such as data relating to an individual’s health, their racial or ethnic origin, religious or philosophical beliefs, sexual orientation, political opinions and trade union membership. We collect this information for specific purposes, such as complying with employment and social security laws, (for example, laws relating to diversity and anti-discrimination), providing occupational medical advice and support, to accommodate a disability or illness and to provide benefits, to protect the vital interests of an individual (such as in an emergency), where necessary for reasons of public health, or where the individual has provided their explicit consent.

For what purpose do we process your personal data?

We may process your personal data:

in order to satisfy our obligations to comply with local laws and regulations;
for legitimate business interests (for example which is performance management, in order to ensure we have qualified and competent personnel for health, safety and security purposes, to ensure our network and information are secure and that only authorised personnel can access certain sites or assets, to administer and generally conduct business within the Company and across the organization, and to prevent fraud); or
where we have your explicit consent.

Please note that as a general principle, Shell does not seek or rely on the consent of Shell Staff for processing personal data. However, there are limited circumstances when consent may be sought, such as where you are participating in a voluntary program or benefit or if required for processing some categories of sensitive personal data.

Shell seeks to process the minimum amount of personal data required. Failure to provide us with the information requested may negatively affect your ability to remain in employment, internship or engagement as a contractor, or to participate in a program or receive a benefit.

In those cases where processing is based on consent, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent. Withdrawal of consent may, however, negatively affect your ability to remain in a voluntary program or receive a benefit.

Monitoring

All activities on Shell IT equipment and/or when connected to the Shell IT network may be monitored for legitimate business purposes. For further information see the personal use guidelines http://sww.shell.com/it/irm/legalandregulatory/personal_use.html.

All Shell Staff receive an access badge which allows Shell to record the date, time and access points made by individuals within Shell premises and assets. The data from the access and security systems are used:

for health, safety and security purposes, specifically the protection of Shell assets, Shell Staff and visitors to Shell premises;
to comply with legal and regulatory requirements, specifically where there is a local legal requirement to provide information to government/regulatory authorities;
to monitor (on an aggregated basis) the number of individuals entering and working in a Shell premise for human resources and real estate planning; and
in the case of contractors only (not Shell employees) the date and time of their entry and exit of Shell premises is used for the purposes of financial management and control.

Most of our premises and assets are equipped with surveillance cameras (CCTV). Where surveillance cameras are used they will be identified. Surveillance cameras are used for health, safety and security specifically the protection of Shell assets, Shell staff and visitors to Shell premises. All images are routinely deleted unless there has been a health, safety or security incident, or suspected or actual criminal activity, in which case they may be viewed by internal Shell investigation teams and external service providers and advisors, and if legally required or permitted by law enforcement or other government authorities.

Screening

In order to comply with legal and regulatory obligations, to protect Shell’s assets and employees/contractors and to ensure that Shell can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening on all employees and contractors on a periodic basis. This screening takes place against publicly available or government issued sanctions lists and is compared with information held about you by Shell (for example from the Conflict of Interest register – see here for more information). Any personal data collected through the screening will not result in any automated decision making regarding suitability for continued employment, internship or engagement as a contractor.

Who is responsible for any personal data collected?

Who will we share the personal data with?

Your personal data will be shared:

With other companies within the Shell group of companies, including to those which may be located outside of the United States of America;
With authorized third party agents, professional advisors, service providers and/or subcontractors of Shell;
With a competent public authority, government, law enforcement, or regulatory or fiscal agency the relevant Shell company/companies or as permitted by the relevant state and/or federal law;
As necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
With a third party in connection with any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Shell Group’s business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

Transfers of personal data

Where the personal data is transferred to companies within the Shell Group and/or to authorized third party agents service providers and/or subcontractors who may be located in or outside of the United States of America we take organizational, contractual and legal measures to ensure that the personal data is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard the personal data. These measures include Binding Corporate Rules for transfers among the Shell Group. You can find a copy of these www.shell.com/privacy.html

Security of your personal data

Given the nature of the Shell Group your personal data and that of your dependents may be transferred to countries outside of the United States of America. Where that happens, we take steps designed to ensure that your personal data and that of your dependents continue to be protected in line with Shell’s internal rules and applicable law.

We have implemented technology and policies with the objective of protecting your personal data from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate.

How long do you hold the personal data for?

All information, including personal data is managed in line with the Shell Group standards for Information and Records Management and, subject to the following exceptions, securely deleted once no longer required for a legitimate business purpose or for a legal/regulatory purpose:

information contained within personnel files is held for no longer than 10 years once your employment has terminated;
information relating to retirement benefits are held for no longer than 99 years from the commencement of employment;
any personal data gathered as part of the screening against publicly available or government issued sanctions lists and media sources is held for no longer than 15 years after it was first gathered;
the names, date, time and access points for all individuals entering Shell premises are held for 3 years from each access;
where an individual has been dismissed or had their contract terminated due to serious misconduct, including breaching the Shell Life Saving Rules or breaching the Shell Code of Conduct that information is held for up to 30 years post termination;
in all cases, information may be held for a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or b) a shorter period where you or your dependents object to the processing of the personal data and there is no longer a lawful basis to retain it.

You can find more information here regarding Shell Group Records management including local variations:

http://sww.shell.com/ethicsandcompliance/im/Records/classifyingRecords.html

How can I access my personal data?

We aim to keep our information about you as accurate as possible. If you would like to request to access, correct, or delete your personal data, or request that the processing of your data be restricted, and ypu have access to HR Online you can access your personal data through:

https://hronline.shell.com/

Alternatively, please contact your local HR adviser. If you are a contractor you should speak with your external contracting/employing company/agency. We will respond to your request consistent with applicable law.

Who can I contact for more information?

You can find further information on the Data Privacy home page:

http://sww.shell.com/ethicsandcompliance/dp/dp.html

If you have any issues, queries or complaints regarding the processing of your personal data please contact Privacy-Office-SI@shell.com or Shell Group Chief Privacy Officer at Shell International B.V. The Hague, The Netherlands - Trade Register, No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague.

If you are unsatisfied with the handling of your personal data by Shell, then you have the right to lodge a complaint with your local data protection authority or with the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.