Privacy Policy for Recruitment

Privacy Policy for Recruitment

Last Updated: August 15, 2023

1. Introduction

1.1 Purpose

The purpose of this document is to establish the Privacy Policy for Recruitment of Markley, LLC, Markley Boston, LLC, Markley Lowell, LLC, Markley Management Inc., LLC, Markley Cloud Services, LLC, and their affiliated entities (collectively “Markley”). The Privacy Notice in this document is to be published on all public websites managed by Markley, and its affiliates and used for recruitment.

2. Scope

The scope of this policy includes all individuals, as well as employees, partners, and contractors, who interact with public websites managed by Markley. The Privacy Policy shall be reviewed and updated whenever the regulations (e.g., GDPR, CCPA) are revised.

3. Policy

Markley and its subsidiaries and divisions, along with their successors (“Company”) are committed to dealing responsibly with information we process (collect, use, and disclose) and hold about you. The Company entity in the applicable country (hereinafter “Markley”) is considered a data controller with respect to your Personal Data (as defined below). We limit the use of your Personal Data to managing recruitment and to ensure and monitor legal and regulatory compliance. We work hard to ensure that your Personal Data is always kept secure, is provided only to those colleagues and third parties that have been properly informed to handle your Personal Data in accordance with all applicable privacy laws and kept only as necessary for business or legal requirements. Markley will ensure that safeguards are put in place to protect that Personal Data in accordance with all applicable privacy laws, including but not limited to the General Data Protection Regulation of the EU, as amended, and all the laws, regulations and collective agreements concerning data protection and labor law, in the countries, provinces and states in which it hires personnel.

Data Processed, Purposes, and Legal Grounds

“Personal Data” refers to any information related to a natural person (or “Data Subject”), that can be used to identify the person directly or indirectly. Markley collects, processes, and maintains the Personal Data of candidates for the purposes indicated below in parallel with the human resources activities as set forth below. The Personal Data stored and processed will be used for management and administrative purposes. Markley will store and use this information to enable it to carry out business activities and manage relationships with you effectively, lawfully, and appropriately during the hiring process. This includes the use of information to enable Markley to fulfill the obligations of the recruitment process as well as any legal requirements and pursuing the legitimate interests of Markley and protecting its legal position in the event of a legal proceeding.

Possible Legal Grounds

We will only process your Personal Data if there is a relevant legal ground and will mainly use the information because it is necessary to enable Markley to:

  • perform the recruitment process;
  • comply with any legal requirements; and/or
  • pursue the legitimate interests of Markley.

Besides those mentioned above, there are also some less common legal grounds based on which we may occasionally process your Personal Data, such as:

  • your consent (which we will use only if strictly necessary in the context of the recruitment process);
  • the necessity to protect your vital interests or those of another person, for example in case of a medical emergency; and/or
  • the necessity in matters of public interest or public authority that has been handed to us—for example, the reporting of an alleged crime to the investigating authorities.

Occasionally we will also have to process sensitive data in the context of the recruitment process (e.g., health data such as information regarding work related disabilities etc.) in accordance with applicable law. 

The processing of these data is restricted, and we will only do so if:

  • necessary for the purposes of carrying out the obligations and exercising specific rights of Markley or of yourself in the field of recruitment;
  • related to Personal Data which are made public by you; and/or
  • necessary for the establishment, exercise, or defence of legal claims

Processed Data and the Related Purposes and Legal Grounds

Further information on the reasons for which we process your Personal Data is set out below. If you refuse to provide such data, Markley will find it impossible, under certain circumstances, to correctly perform the duties required, with all the implications arising from this decision.

  • Recruitment and employment: Markley processes Personal Data of candidates such as name, contact details, residential address, level of education, language (or languages) and special skills related to the profession; information on certifications; previous jobs and work experience; information regarding assessments on personal background to the extent permitted by applicable laws and convictions or criminal offenses, where such information is relevant for the purposes of the specific position to pursue the legitimate interest in hiring only the most qualified candidate. The processing of criminal records data together with Markley's recruitment and human resources operations will be carried out under the control of the competent authority or when authorized by law. Markley may collect Personal Data concerning the employment of third parties, such as personnel selection companies, government authorities, former employers, or from the references provided. Markley may also collect Personal Data from publicly accessible sources, such as public and professional profiles on social media.
  • Fulfillment of obligations in accordance with applicable law and collective agreements: Markley processes Personal Data relating to national and government identification documents; including but not limited to passport, date and place of birth, citizenship, visa driver's license, withholding taxes and other information useful for the fulfillment of its obligations in compliance with applicable laws and collective agreements. Markley may collect this information from third parties, such as government authorities, trade unions, or other employee representatives.
  • Management, planning and organization: Markley processes Personal Data concerning business qualifications; type or code of use; site or company location; working hours, general conditions of employment (full time, part-time, permanent, or temporary); duties and obligations; skills assessments; professional goals; acceptance of labor policies; indicators to pursue legitimate interests in the management of work relationships in compliance with the legal obligations of the employer. If the legal regulations of reference require your explicit consent in advance, Markley will process these data only after obtaining the appropriate consent from you.
  • Equality and diversity: Markley processes Personal Data such as racial or ethnic origin, sex, any disability and other characteristics protected by law in compliance with specific obligations and rights in the field of labor law, social security and social protection, where such treatment is authorized or mandated by law, regulation, or a collective agreement, as well as to pursue the legitimate interests of Markley in maintaining a diversified working environment without undue discrimination.
  • Exercise and enjoyment of rights and benefits concerning employment: Markley processes Personal Data concerning marital status, family status, information on dependents and
    designation of beneficiaries for performance purposes, and data relating to the leasing program for company vehicles and registers.
  • Defense of a right in court: Markley processes Personal Data that is necessary for ascertaining,
    exercising or defending a right in court.

Recipients of Your Personal Data

Your Personal Data will or may have to be disclosed to:

  • The Management, Human Resources (HR) and Information Technology (IT) personnel present in your potential workplace, who need to know your Personal Data as part of the business and management operations related to your hire.
  • The Management, HR and IT staff present at Markley, who need to know your Personal Data as part of the business operations and administration related to your hire.
  • The Management, HR and IT staff present at Markley have implemented specific safeguards for transfer of your Personal Data outside the United States, as allowed through standard contractual clauses. Further information regarding the above safeguard measures can be obtained from emailing
  • Vendors in charge of workforce planning and management, such as vendors engaged to manage any of the items in processing (e.g., vendors of pay slips and services, personal background checks, computer vendors and internet services, governmental authorities, and the like), who need to process your Personal Data regarding hiring at Markley as part of the business and administrative operations of your recruitment process. Currently these third parties are:

     Third Party Purpose
    Bamboo HR Recruitment system SaaS
    Bamboo HR Processing of payroll, time tracking, etc.
    Backgrounds Online Pre-employment background check
    Quest Diagnostics Pre-employment drug screening
    ForUsAll 401k retirement portfolio
    TimeRewards Payroll reimbursement expenses
    PlanSource HR health benefit administration


    You will be informed of any changes to third-party providers. If the third parties in charge of processing are in countries outside the United States, Markley has implemented specific safe­guards for the transfer of its Personal Data in these countries through standard contractual clauses. Further information regarding these safeguards can be obtained from your HR repre­sentative.
  • Furthermore, Markley may be required to disclose Personal Data in response to legal requests
    from public authorities to comply with national security or law enforcement requirements.

Retention of Your Personal Data

Markley and any third party in charge of processing will store your Personal Data for: (1) the period of time necessary for the processing of Personal Data for the purposes for which they were obtained and processed, (2) the period required pursuant to the regulations on the conservation of archives, (3) the statute of limitations envisaged for labor disputes, or (4) the period of time necessary to ascertain, exercise or defend a right in court.


Automated Decision-Making

Automated decisions are defined as decisions about individuals that are based solely on the automated processing of data and that produce legal effects or that significantly affect the individuals involved.

As a rule, we do not make use of automated decision-making as described above. If you are a prospective employee, we do not base our decision whether or not to hire you solely on automated processing of your Personal Data.

Rights Related to your Personal Data

As an interested party and in relation to your Personal Data, you have the following rights:

  • Right of Access: You have the right to obtain confirmation from Markley that your Personal Data is being processed. You also have the right to obtain the following information, provided such Personal Data does not infringe the rights and freedoms of others: (1) purpose of processing, (2) categories of the Personal Data in question, (3) any recipients or categories of recipients your Personal Data have been or will be disclosed, (4) period of retention of your Personal Data provided, (5) the right to request the rectification or cancellation of your Personal Data, (6) the right to file a complaint with a supervisory authority, (7) the source from which your Personal Data was obtained if you did not provide, (8) the existence of any automated decision-making process, including profiling and the logic used in that process decision-making, as well as the importance and expected consequences of such processing, and (9) the country to which Personal Data is transferred, in the case of a third country.
  • Right of Rectification You have the right to request and obtain the rectification of inaccurate Personal Data and the integration of incomplete Personal Data, also by providing a
    supplementary declaration. Markley will notify all recipients of its Personal Data of the rectification unless this involves a disproportionate effort. Markley will inform you of these
    recipients at your request.
  • Right to Deletion (Right to be Forgotten): You have the right to request and obtain the deletion of your Personal Data in the following cases: (1) Personal Data are no longer necessary with respect to the purposes for which they were collected or otherwise processed, (2) You revoke your consent to all processing for which you had previously expressed specific consent, (3) You object to the processing of Personal Data on the legitimate interest of Markley and there is found to be no legitimate reason prevailing for the processing, (4) your Personal Data has not been processed lawfully, or (5) the deletion of Personal Data is required based on Markley's legal obligation to delete Personal Data. However, the right to deletion does not apply to the extent that the processing is necessary (1) for the exercise of the right to freedom of expression and information, (2) for the fulfillment of a legal obligation of Markley which requires the processing of Your Personal Data, (3) for reasons of public interest in the field of public health, or (4) for the establishment, exercise or defense of a right in court. Markley will notify you of all recipients of Personal Data concerning the deletion unless this involves a disproportionate effort. Markley will inform you of these recipients at your request.
  • Right to Portability: You have the right to receive the Personal Data provided by you to Markley and to forward them to another data controller where the processing of such Personal Data is based on consent manner. You also have the right to request Markley to transmit such Personal Data directly to another data controller, if technically feasible. This right is not applicable if it violates the rights and freedoms of others.
  • Right of Opposition: You have the right to object to the processing of your Personal Data if it is not based on the legitimate interest of Markley, including any profiling based on such processing. Markley will refrain from processing the Personal Data, except to prove the existence of legitimate cogent reasons that prevail over your interests, rights and freedoms, or the continuous processing is necessary for ascertaining, exercising and defending a right in court.
  • Right to not be subjected to automated decision-making, including profiling: You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects that affect you or that significantly affect your person. If it is based on consent, Markley will provide a person to whom it can express its opinion and contest the decision.

Questions and Claims

Questions and concerns regarding the processing of your Personal Data should be directed in the first instance to the local HR representative. If no answer can be given to the question or the complaint is not resolved locally, please contact the Company by letter, telephone, or email.

Data Protection Officer
One Summer St.
Boston, MA

Employees in the countries identified below also have the right to file a complaint with the authority and/or commission appointed or designated for the protection of Personal Data based in:

The United Kingdom:

The United States: applicable State Attorney General's office

If in the future the Company intends to process your Personal Data for purposes other than those for which they were obtained, it will provide you with information regarding this purpose and any other relevant information.

4. Ownership and Review

This policy is owned by the Human Resources Director.

This policy shall be reviewed on an annual basis.

Changes to this document shall be in accordance with the ISMS Document and Records Control Standard.

5. Contact Information

Robert Sala
Human Resources Director
617-451-6464 Ext. 7084