Applicant Data Protection Policy and Privacy Notice
This is the applicant data protection policy and privacy notice (“Notice”) for Luminace (as defined below). This Notice applies to you when you make an application for a position at Luminace. If you become a Luminace employee, this Notice no longer applies. Instead, the Brookfield Renewable Employee and Personnel Data Protection Policy and Privacy Notice applies to employees, directors, officers, independent contractors, and other temporary staff and personnel.
At Luminace, we respect your privacy and this Notice governs how Luminace collects, processes (as defined below) and uses your Personal Data (as defined below). For the purposes of applicable laws and regulations relating to data protection and privacy (“Data Protection Legislation”) Luminace acts as a business in respect of your Personal Data.
If you are a California resident, click here to view “California Privacy Rights,” in Section 11, and our notice at collection for information provided pursuant to California law.
Please read the information set out below before submitting your resume, CV and/or application form.
This Notice was last updated in March 2023.
The following definitions shall apply to this Notice:
“Luminace”, “we”, “us”, “our” means Luminace Holdings, LLC.
“Personal Data” has the meaning given to it or any similar term (e.g., “personal information”, “nonpublic personal information”, “PII”, “personally referable information”) in applicable Data Protection Legislation and for the avoidance of doubt means any information which directly or indirectly identifies or otherwise relates to a living individual, which is in the possession or under the control of Luminace (or its representatives or service providers). Such Personal Data may include, without limitation, the name, age, identification number, email address, address, telephone number, location data, financial data, or online identifier of that individual. In addition to factual information, such Personal Data may also include any expression of opinion about a living individual and any indication of the intentions of Luminace or any other person in respect of a living individual.
“Process” or “processing” means any operation that is carried out in respect of Personal Data, including but not limited to collecting, storing, using, disclosing, transferring or deleting Personal Data.
“Sensitive Personal Data” has the meaning ascribed to this or any similar term provided by applicable Data Protection Legislation (e.g., “sensitive personal information”, “sensitive data”, “special categories of personal data”) and includes the Personal Data mentioned in Section 5 below.
3. THE TYPES OF PERSONAL DATA WE COLLECT
Luminace will collect Personal Data about you:a) directly from you;
b) from a third party acting on your behalf, for example an intermediary, lawyer or service provider;
c) from other Luminace entities;
d) from publicly available sources;
e) from other organizations; and
f) when we generate it ourselves.
Such Personal Data may include (by way of non-exhaustive list):a) details of your name, age, date of birth, e-mail address, address, telephone number, identification number, online identifier, location, gender, nationality, citizenship, other contact information, right to work status (including passport, driving license, birth or adoption certificate), marital status, emergency contact details, qualifications, skills and work experience, details of previous compensation, benefits and terms of employment, signature, and a username and password (if our site prompts you to create an account);
b) pension and superannuation details;
c) information about your health;
d) details of your suitability to work with us, your past performance at work, regulatory references, your character, details of your fitness to work verification of the information that you provide to us as part of your application, and if legally permitted, any history concerning criminal convictions and/or health checks, from third party references that you provide to us, from your previous and/or current employers, opinions expressed by Luminace and/or others about you and from third party background checking services or a previous employer or other referee;
e) your social insurance or Medicare or social security number or other tax identification number and details of tax residency;
f) data provided by you in the context of us carrying out background checks, anti-money laundering, regulatory, tax and know your client checks (such as data included in identification documents, details of criminal records and sanctions); and
g) information required as a result of legal, tax and regulatory requirements or internal policies.
Please note that if you do not provide certain Personal Data to Luminace when requested (and where relevant, provide your consent), we may not be able to consider you for a position at Luminace.
4. HOW WE USE YOUR PERSONAL DATA
Your Personal Data may be collected, stored, disclosed and processed by Luminace for the following purposes:a) to carry out pre-employment, background and related checks and to conduct due diligence (such as to verify the details that you provide and to ensure that you are suitable for the role for which you have applied), as determined by applicable laws. Please note that it is our standard practice to request employment references once you have agreed, either verbally or in writing, to accept a position with Luminace. This may involve the use of a credit reference agency or other third parties acting as our agents to conduct these verifications and searches. We will also screen against publicly available government and/or law enforcement agency sanctions lists;
b) if your application is unsuccessful, we may keep your information on record to notify you of relevant job vacancies with Luminace that may be of interest to you, in the future;
c) for equal opportunity and diversity monitoring purposes;
d) to respond to your enquiries;
e) for the management and administration of our business;
f) to comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures;
g) to detect, investigate and prevent fraud and other crimes or malpractice;
h) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings);
i) to obtain legal advice or to establish, exercise or defend legal rights;
j) the administration and maintenance of databases storing Personal Data;
k) to comply with our contractual obligations; and
l) for purposes otherwise set out in this Notice or as notified to you at the specific time of collection.
If you are located in a jurisdiction which requires us to obtain your consent to collect, use, store, process and disclose your Personal Data, you understand that by submitting your resume, CV and/or application form, you expressly provide your consent to Luminace collecting, using, storing, processing and disclosing your Personal Data as set out in this Notice.
To the extent permitted by applicable law, we may record and/or monitor electronic communications (including email and telephone) to ensure compliance with our legal and regulatory obligations and internal policies and for the purposes outlined in this Notice.
5. SENSITIVE PERSONAL DATA
Certain forms of Personal Data are subject to specific protection or restriction by law in certain jurisdictions, including the state of California. Depending on the jurisdiction, Sensitive Personal Data can include:a) data relating to racial or ethnic origin;
b) political opinions;
c) religious or philosophical beliefs;
d) trade union membership information;
e) genetic data;
f) biometric data;
g) data concerning health or sex life or sexual orientation;
h) data relating to criminal activity or proceedings;
i) password and financial information such as bank account details, credit card and debit card details;
j) citizenship or immigration status;
k) government-issued identifiers;
l) precise geolocation data; and
m) in certain circumstances, the contents of an individual’s mail, email or text messages.
We will not process your Sensitive Personal Data unless such processing is compliant with applicable Data Protection Legislation.
6. DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES
Luminace may share or provide access to your Personal Data among its affiliates and business units and third party agents, service providers and contractors outside of Luminacea) for the purpose of the management and administration of Luminace’s business;
b) in order to assess your application and verify the information you have provided;
c) for the purpose of the administration and maintenance of the databases storing Personal Data;
d) for the purposes of Luminace receiving or enhancing services (for example, Luminace’s accountants, administrators, auditors, service providers, custodians, depositories, third party managers, paying agents, professional advisors, IT and communications providers or any entity we reasonably consider necessary for the purposes outlined above). These third parties are expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise) that require them to only use your Personal Data as described above;
e) to the extent required by law (for example, if Luminace is compelled by an obligation or a duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with any legal obligation, rule, regulations or internal Luminace policies and procedures, including (without limitation) in order to comply with tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise or defend its legal rights. This may include disclosure to regulatory bodies or government agencies;
f) as part of a transaction, financing, or for other business needs (for example, if Luminace sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case Luminace may need to disclose your Personal Data to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes); or
g) if Luminace or any of its affiliates, divisions or business units is acquired by a third party, including in the unlikely event of a bankruptcy, in which case the Personal Data held by Luminace about you will be accessible to, and may be acquired by, the third party buyer.
Luminace may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations.
Note that Luminace does not sell Personal Data to third parties or target advertising to individuals based on their Personal Data obtained from their online activity on non-affiliated websites or applications (“cross-context behavioral advertising”).
7. TRANSFERS OF PERSONAL DATA
Luminace operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Luminace, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Luminace affiliates or agents, and Luminace IT servers) located in jurisdictions other than your own, including but not limited to the following countries: Canada and the United States.
In other circumstances, Data Protection Legislation may permit Luminace to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such Data Protection Legislation.
8. HOW WE SAFEGUARD YOUR PERSONAL DATA
Luminace has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data. Files containing Personal Data are protected with safeguards according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate. Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees.
As a condition of employment, Luminace employees are required to follow applicable laws and regulations, including in relation to Data Protection Legislation. Unauthorized use or disclosure of confidential information by a Luminace employee is prohibited and may result in disciplinary measures.
When you contact a Luminace employee about your file, you may be asked to provide evidence of your identity (e.g., driver’s license or passport) and/or to confirm some details relating to the Personal Data Luminace holds about you. These types of safeguards are designed to ensure that only you, or someone authorized by you, has access to your file.
9. RETENTION AND DESTRUCTION OF PERSONAL DATA
The period for which Luminace will hold your Personal Data will vary and will be determined by the following criteria:a) The purpose for which Luminace is using it. Luminace is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements; and
b) Legal Obligations. Laws or regulations may set a minimum period for which Luminace must retain your Personal Data.
Depending on the requirements of the Data Protection Legislation of your jurisdiction, Luminace will take reasonable steps in the circumstances to destroy your Personal Data when we no longer have a legal basis to retain it or to ensure that the information is anonymized.
10. YOUR RIGHTS
To the extent provided by the Data Protection Legislation of your jurisdiction, you may have legal rights in relation to the Personal Data about you that Luminace holds. These rights may include:a) the right to refuse to provide any Personal Data and the right to object at any time to the processing of your Personal Data (please note that such refusal or objection may prevent us from providing services to you)
b) the right to confirm whether we process your Personal Data and to obtain information regarding the processing of your Personal Data and access to the Personal Data about you that Luminace holds (including any available information as to the source of the Personal Data and any safeguards that may have been used to transfer Personal Data outside of your jurisdiction, as referred to in Section 7 above)
c) where consent was provided for certain processing activities, the right to withdraw your consent to the collection, processing, use and disclosure of your Personal Data at any time. (please note, however, that this will not affect the lawfulness of any collection, processing, use or disclosure undertaken before your withdrawal and that Luminace may still be entitled to process your Personal Data if it has another legitimate reason (other than consent) or a consent exception for doing so, and in some cases, withdrawing your consent to the collection, use process or disclosure of some or all of your Personal Data may prevent us from providing services to you)
d) in some circumstances, the right to receive a copy of some Personal Data in a structured, commonly used and machine-readable format and/or request that Luminace transmit that data to a third party where this is technically feasible. (please note that this right may, depending on the jurisdiction, only apply to Personal Data that you have provided to Luminace)
e) the right to request that Luminace rectify or correct your Personal Data if it is inaccurate or incomplete
f) in some circumstances, the right to request that Luminace erase or delete your Personal Data. (please note that there may be circumstances where Luminace is legally entitled to retain Personal Data regardless of any such request)
g) in some circumstances, the right to request that Luminace restrict, anonymize or block its processing of your Personal Data. (please note that there may be circumstances where Luminace is legally entitled to refuse that request)
h) in some circumstances, the right to obtain information about the public and private entities with which Luminace made shared use of the Personal Data as a joint controller
i) in some circumstances, the right to receive information on the possibility of not providing consent and on the consequences of the refusal
j) in some circumstances, the right to non-discrimination against you for exercising your legal rights in relation to your Personal Data and
k) where applicable, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by Luminace.
In some jurisdictions you may be entitled to access a copy of this Notice in another language.
You can enquire about your rights, which are applicable to you, by contacting Luminace using the details listed below in Section 13. If you wish to exercise any of the rights, which are applicable to you, when you contact Luminace using the details listed below, you will be asked to complete a ‘Subject Access Request Form’.
11. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, this section of the Notice is intended to provide you with information concerning your rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).
We have collected, and disclosed for a business purpose, the following categories of Personal Data within the last twelve (12) months:a) identifiers and other personal information, such as name, address, online identifiers;
b) internet or other electronic network activity information, such as browsing history, search history, and interactions with advertisements;
c) professional or employment-related information;
d) education information;
e) inferences drawn from any of the foregoing categories of information to create a consumer profile; and
f) Sensitive Personal Data, including:
- personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number;
- personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; and
- personal information collected and analyzed concerning a consumer’s health.
The third parties to whom we may disclose Personal Data, including Sensitive Personal Data, are set forth in Section 6 and the sources from which we receive Personal Data, including Sensitive Personal Data, are set forth in Section 3. Our business or commercial purposes for collecting and using Personal Data, including Sensitive Personal Data, are set forth in Section 4.
If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third parties certain categories of information that identifies you for the third parties’ direct marketing purposes. Luminace does not share Personal Data with third parties for those third parties’ own direct marketing purposes.
12. QUESTIONS AND CONCERNS
If you have any questions or concerns about Luminace’s handling of your Personal Data, or about this Notice, please contact our Legal department using the contact information set out below.
We are typically able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Legal department, depending on your jurisdiction, you may have the option to escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained from the Legal department.
13. LUMINACE PRIVACY OFFICE CONTACT INFORMATION
Phone Number: 1-888-914-9661 PIN 003374