Current or former Shell employee, contractor or dependent
If you are part of Shell Group Employee, Contractor and Dependents’ Personal Data this policy applies to you. Information for individuals who are or were employees, interns or individual contractors as well as dependents of Shell employees.
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 in relation to individuals who are or were employees, interns or individual contractors as well as dependents of Shell employees (‘Shell Staff’). For Shell Staff who are also retail customers or users of a Shell app or website in any capacity other than as Shell Staff, please refer to the relevant privacy notice on www.shell.com. 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 on www.shell.com/careers.
This Privacy Notice is subject at all times to applicable local law.
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 programmes).
What personal data do we process?
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 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’) 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 only where it is necessary for the purposes of complying with employment and social security laws, where necessary for the purposes of providing occupational medical advice and support, 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 performance management in order to ensure we have qualified and competent personnel or for health, safety and security purposes to ensure that only authorised personnel can access certain sites or assets); 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 is required, such as if required by applicable local law including for processing ‘sensitive’ personal data.
Personal data requested from Shell Staff is the minimum required in order to fulfil legal and/or contractual requirements and to provide opportunities to take part in programs or to provide a benefit. Failure to provide us with the information requested may negatively affect your ability to remain in employment, internship or engagement as a contractor or from participating in a program or receiving a benefit.
In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, 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 impact your ability to remain employed or otherwise engaged or from participating in a program or receiving a benefit.
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, suspected or actual criminal activity, in which case they may be viewed by internal Shell investigation teams and externally if legally required or permitted by law enforcement or other government authority.
In order to comply with legal and regulatory obligations, to protect Shell’s assets and employees/contractors and specifically 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?
Shell Hong Kong Limited along with your employing company (or in the case of dependents, the employing company of the Shell employee) either solely or jointly with its affiliates within the Shell group of companies.
In the case of individual contractors, the company within the Shell Group that has contracted your services solely or jointly with its affiliates within the Shell group of companies and your external contracting/employing company/agency.
Who will we share the personal data with?
Your personal data is exclusively processed for the purposes referred to above (or for a secondary purpose where it is closely related, for example such as storing it) and will only be shared on a strict need to know basis with:
- Other companies within the Shell group of companies, including to those which may be located outside of your location and the Economic European Area (“EEA”);
- Authorized third party agents, service providers and/or subcontractors of Shell; and
- A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which the relevant Shell company/companies is subject to or as permitted by applicable local law.
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 your location (including outside of the European Economic Area) 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 and European Commission approved transfer mechanisms for transfers to third parties in countries which have not been deemed to provide an adequate level of data protection as well as any additional local legal requirements. You can request a copy of these by contacting HK-DPO@shell.com.
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/districts outside of your location. Where that happens, we take steps to ensure that your privacy rights and those of your dependents continue to be protected in line with Shell’s Binding Corporate Rules and applicable law.
We have implemented technology and policies with the objective of protecting your privacy 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 securely deleted once no longer required for a legitimate business purpose or for a legal/regulatory purpose.
With some exceptions required to comply with local legal requirements:
- 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 legitimate purpose to retain it.
You can find more information here regarding Shell Group Records management including local variations:
How can I access my personal data?
We aim to keep our information about you as accurate as possible. You can access your personal data, request correction or deletion of the personal data (but only where it is no longer required for a legitimate business purpose) and request that the processing of your data is restricted. For those individuals who have access to HR Online you can access your personal data through:
Alternatively, please contact your local HR adviser. If you are a contractor you should speak with your external contracting/employing company/agency.
Who can I contact for more information?
You can find further information on the Data Privacy home page:
If you have any issues, queries or complaints regarding the processing of your personal data please contact us at HK-DPO@shell.com for the local Data Privacy Officer for Hong Kong, 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 to your own data protection authority or 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.
Please refer to the webpage of The Office of the Privacy Commissioner for Personal Data for more information.
Changes to this Privacy Notice
This Privacy Notice may be changed over time. If there is any inconsistency between the English version and the Chinese version of this Privacy Notice, the English version shall prevail. This Privacy Notice was last updated on 1 January 2018.