Your personal data – what is it?
Personal data is information that relates to a living individual who is identified or identifiable. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or which is likely to come into such possession. The processing of personal data of vendors and any other individual residing in the EEA/UK, or personal data otherwise governed by relevant EEA laws or their UK equivalent (“EU Personal Data”) is governed by the EU General Data Protection Regulation or its UK equivalent (referred to herein as the “GDPR”).
Who are we?
When you provide services to TransPerfect Translations International Inc. (“TransPerfect”, “we”, “us”, or “our”, as applicable) for a particular project, TransPerfect is a “controller” of your personal data. This means that TransPerfect has control of your personal data and may utilize it for various purposes, including sending your information to “data processors” we work with.
We are also a “data processor” of personal data provided to us by our clients. This means that if our clients send us personal data, the client is the controller that determines how the personal data is processed. We, as the data processor, can only process such personal data as directed by our clients.
As a vendor to TransPerfect, you are considered to be a “sub-processor.” That means that you can only process personal data pursuant to instructions that TransPerfect provides you on behalf of our clients. More specifically, as a sub-processor, before working on any project involving EU Personal Data, you must first sign the applicable Data Processing Agreement which has been separately supplied to you by TransPerfect.
How do we process your personal data?
We comply with our obligations under relevant data privacy laws, including the GDPR, by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorized access and disclosure; and by ensuring that appropriate technical measures are in place to protect personal data.
The personal data that you provide (or have previously provided) to TransPerfect is stored in TransPerfect’s data center in the United States for the purposes of vetting and onboarding you on new projects, as well as ensuring timely payment for services rendered.
We may also obtain information about you that you post on publicly-available social media platforms, professional websites or job message boards.
What is the legal basis for processing your personal data?
We are processing your personal data because we have a specific justification for doing so, called a ‘legal basis’. The legal basis for processing your personal data may be:
- EEA or UK Legal Obligations - processing is necessary for compliance with our EEA or UK legal obligations (e.g., complying with our obligations under employment, social security or social protection law, or a collective agreement)
- Contract Performance - processing is necessary for the performance of a contract with you (e.g., to satisfy our payment obligations to you) or to take steps to enter into a contract with you
- Legitimate Interests - processing is necessary for our legitimate interests (e.g., engaging vendors to execute projects for our clients).
You are obligated to provide your personal data in order to be on-boarded as a potential vendor and the failure to provide such data may result in your failure to be considered for future business relationships with TransPerfect.
Why are we collecting your personal data?
We use your personal data for the following purposes, relying on the legal bases noted below:
- To maintain a database of individuals who may provide consulting or other business support services to us, including to our clients and, in some cases, our client’s clients (legal basis - contract performance)
- To inform you of opportunities, events and activities we are undertaking that may be relevant to your role for TransPerfect (legal basis - our legitimate interests in motivating vendor participation in our business activities)
- To manage our consultants and vendors by ensuring proper payment for services, and compliance with contract terms (legal basis - contract performance)
- To manage our consultants and vendors by evaluating services provided and aligning client requirements with available vendor resources (legal basis - our legitimate interests in improving our services to our clients)
- To maintain our own financial and tax accounts, audits and records, and related reports, and to respond to legal processes (legal basis - our legitimate interests in complying with US legal obligations in order to operate our business in accordance with applicable laws)
- To enforce and comply with our contracts with you and with our clients, to protect our employees, vendors, assets and interests, and to establish, enforce and defend our and your rights (legal basis - our legitimate interests in protecting our business interests, including our reputation)
We require your personal data in order to enter into a vendor and related contracts with you. If you do not provide requested information, we will not be able to enter into a contract with you, or in some cases we will not be able to continue our relationship with you.
Sharing your personal data
Your personal data will be treated as strictly confidential and will be shared internally among TransPerfect employees as set forth above and in order to perform our contract with you and, in certain limited circumstances, with third parties for whom you may be directly or indirectly performing services (namely our clients, or a client’s client), or to satisfy our payment obligations to you.
We will also share your personal data with third parties that assist us in performing or enforcing our contract with you (including payment), or informing you of opportunities. These are: service providers that maintain the database of vendor information or send communications pursuant to our instructions; advisors whom we consult in connection with the performance or enforcement of contracts with you, for evaluating our and your services, or for records and reporting purposes; judicial or arbitral authorities and other parties in connection with the resolution of disputes arising under our contract with you. We also share personal data where necessary with law enforcement and other authorities in response to valid legal process.
How long do we keep your personal data?
We will keep your personal data for no longer than reasonably necessary for our ongoing business relationship and for record keeping purposes. We also retain personal data during the applicable statute of limitations in order to be able to establish, exercise, or defend our rights in case of any legal claims or complaints.
Your rights and your personal data
If you are an EEA or UK resident, or where the GDPR otherwise applies, your rights under the GDPR include the following, subject to conditions set forth in GDPR:
- The right to request information about and/or a copy of your personal data which we hold about you
- The right to request that we correct any personal data if it is found to be inaccurate or out of date
- The right to request your personal data is erased, for example, where it is no longer necessary for us to retain such data
- The right to withdraw your consent to the processing at any time for future processing, if we are relying on your consent
- The right to request that we provide you, as the data subject, with a machine-readable copy of your personal data and where possible, to transmit that data directly to another controller
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction on further processing
- The right to lodge a complaint with governmental agencies or Data Protection Authorities as provided for in the GDPR
- The right to object to the processing of your personal data on particular grounds relating to you, when we rely on legitimate interests to process your personal data
- The right to object to the processing of your personal data for marketing (including profiling) purposes
Transfer of Data Abroad
With respect to services provided to TransPerfect, your personal data will be stored in TransPerfect’s data center in the United States for the purposes of vetting and onboarding you for new projects, as well as ensuring timely payment for services rendered. The United States is not considered by the European Commission or the UK to provide the same level of protection to personal data as in the EU or the UK, respectively. Transfers of your personal data are necessary for TransPerfect to perform its contract with you. Transfers within the TransPerfect group are made in accordance with standard contractual clauses for such transfers approved by the European Commission. You may obtain a copy of those clauses by contacting email@example.com.
If we wish to use your personal data for a new purpose not covered by this Data Protection Notice, we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
TransPerfect Translations International Inc.
1250 Broadway, 32nd Floor
New York, NY 10001
Our Data Protection Officer may be contacted here:
Data Protection Officer
Europe: +48 (22) 104 2990
US/Global: +1 646.589.6769
TransPerfect’s EU representative can be reached at:
TransPerfect Translations B.V.
1017 ND Amsterdam
Attention: Data Protection Officer
TransPerfect’s UK representative can be reached at:
TransPerfect Translations Limited
Attention: Data Protection Officer
To opt out of receiving communication and project opportunities please visit TransPerfect’s Opt-Out Portal.
To exercise your rights (other than your right to lodge a complaint with an authority, which must be directed to the relevant authority), please email firstname.lastname@example.org