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Human Capital Services

Employee Privacy Notice and Request for Consent

Introduction


This Privacy Statement and Request for Consent describes the practices of Kansas State University ("Kansas State," "K-State," "We," or "Us"), a United States-based educational institution, with information relating to you ("Personal Information"). K-State collects, uses, and maintains (hereinafter "processes") Personal Information from K-State employees who submit information to K-State as part of their employment with K-State.


BY SUBMITTING INFORMATION TO K-STATE AND WHEN YOU EXECUTE ANY FORM INCORPORATING THIS NOTICE, YOU CONSENT TO KANSAS STATE'S PROCESSING OF YOUR PERSONAL INFORMATION.


This Privacy Statement and Request for Consent only addresses the processing of information collected directly from Kansas State employees and staff – it does not address any information that is submitted through HRIS or automatically collected through a Kansas State website. Any questions or comments about this Statement or the processing of data can be directed to gdpr@ksu.edu.


Collection of Personal Information From Employees


When you interact with K-State, we may collect information from you as described below.


a. Information you Voluntarily Submit


K-State may ask you to submit Personal Information in order for you to participate in certain programs or participate in certain activities, such as payroll or benefits processing. We may combine information you submit with other information we have collected from you, whether on-line or off-line. We treat the combined information in accordance with this Privacy Statement.


The information we process after you voluntarily submit it may include your:


i. Name

ii. Address

iii. Email

iv. Phone numbers

v. Gender

vi. Marital status

vii. Social Security Number

viii. Date of Birth

ix. Race / Ethnic Group

x. Veteran Status

xi. Disability Status

xii. Current Visa Type

xiii. Visa Expiration Date

xiv. Country & Residence of Citizenship

xv. Highest level of Education

xvi. Education majors & degrees

xvii. Citizenship status

xviii. Driver's license number

xix. Salary information

xx. Education history

xxi. Beneficiary and dependent information, including Social Security Numbers and Dates of Birth

xxii. Salary (current and historical)

xxiii. Health data for workers' compensation claims

xxiv. Emergency contacts

xxv. Spoken English competency report

xxvi. Leave balances and use data

xxvii. Photographs, video images, and likeness

xxviii. Resume or CV

xxix. Information and documents related to your conduct or others' conduct as related to you

xxx. Information and documents related to employee processes such as annual evaluations, tenure review processes, reappointment processes, and the like

xxxi. Information and documents related to consulting arrangements and in relation to conflicts of interest and time

b. Sensitive Information


Unless we specifically request or invite it, we ask that you not send or otherwise disclose to us your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership. In those cases where we may request or invite you to provide the foregoing information, we will only do so with your express consent, as and when required in accordance with any applicable data protection law requirements. Where you provide us with such information without request from K-State, we reserve the right (but do not have any obligation) to erase any such information at our discretion.


c. Information About Minors


The employment data collection processes are not intended for persons under the age of 16. We do not knowingly collect employment-related Personal Information from persons in this age group. We reserve the right to delete any information identified as having been provided by such persons at our discretion.


How We Use the Information We Collect

We use Personal Information submitted by you or collected through other sources for the purposes described in this Privacy Statement and Request for Consent and as otherwise described to you at the point of collection. Generally, we use the information you provide to us only for the reason for which it was provided. Specifically, we may use Personal Information from or about you for:

i. Payroll and tax processing

ii. Benefits Processing, including tuition assistance, life and health insurance, and retirement plans

iii. Facilities and parking permit processing

iv. Processing of applications for other positions within Kansas State

v. Evaluation of Kansas State employees for other positions within Kansas State

vi. Annual and other evaluations of employee performance

vii. Processing of worker's compensation claims

viii. Complying with applicable legal obligations, including but not limited to, the Higher Education Act

ix. Drug Testing

x. Background check(s)

xi. Ensuring compliance with applicable federal and state laws

xii. Preparing media stories and website presentations

xiii. As necessary to carry out University policies, including but not limited to those related to conduct, tenure, reappointment, and other applicable employee processes

We may use any information that does not personally identify you, your computer, or your device, for any purpose.

Our Disclosure of Your Information

K-State does not sell your Personal Information. We may share your Personal Information with third parties as described in this Privacy Statement and Request for Consent or as otherwise described at the point where we collect the information from you, including:

i. to departments within K-State for the purposes described in this Privacy Statement;

ii. to companies or individuals that we hire to provide services to us, such as application processing, contact management, website hosting services and payment processing;

iii. to relevant governmental authorities to ensure compliance with applicable hiring laws and regulations and carrying out of employment related benefits;

iv. to University-controlled affiliated corporations for the purposes described in this Privacy Statement; and

v. to the Kansas State University Alumni Association and to the Kansas State University Foundation for purposes described in this Privacy Statement.


Where Your Information is Processed

K-State is based in the United States. No matter where you are located, your Personal Information will be processed by K-State in the United States. If you are studying abroad during this time, K-State may process your information in the country where you are located or intend to travel. The laws of the United States and other countries governing data protection may not be as comprehensive or as protective as the laws in the country where you live.


Data Retention

We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Statement and Request for Consent, unless a shorter or longer period of time is required by law or Kansas State Policy.


Your Consent to the Processing of Your Personal Information

The laws in some countries require your consent to the processing of certain information, including:


i. Marital status

ii. Race/ethnic group

iii. Disability status

iv. Health data

v. Sick leave balance and use data


By executing the form incorporating this notice and requesting your consent, you consent to Kansas State's processing of data in these categories. You have the right to withdraw your consent to the processing of these types of your Personal Information at any time, for which you have consented and when K-State does not have another legitimate basis for processing and/or controlling. You may exercise this right by contacting gdpr@ksu.edu. Please note that doing so may mean that K-State will be unable to consider you for or retain your employment with K-State. Your consent does not apply to Kansas State's duties to comply with applicable legal obligations, including, but not limited to, the Higher Education Act.


This Privacy Statement and Request for Consent is issued on behalf of Kansas State as Controller of your Personal Information under applicable data protection laws. A "Controller" is the person or organization who alone or jointly determines the purposes for which, and the manner in which, any Personal Information is, or is likely to be, processed.


Lawful Basis for Processing Your Personal Information

The laws in some countries require us to tell you about the lawful grounds we rely on to collect, use, disclose, and otherwise process your Personal Information. This does not apply to the categories of information for which you must provide express consent for processing, as discussed above. To the extent those laws apply, our lawful basis for processing your Personal Information is because it furthers our performance, or preparation for performance, of a contract or agreement for employment with you, or it furthers our legitimate interest in complying with applicable legal obligations.


Your Data Rights and Choices


If you are within the European Union, you have the right to request access to your Personal Information and the rectification of inaccurate Personal Information from Kansas State. If you are within the European Union, you also have the right to obtain from Kansas State the erasure or the restriction of processing of your Personal Information in certain circumstances, including when the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, except when Kansas State is required by law to maintain or otherwise process your Personal Information, for the establishment, exercise, or defense of legal claims, or the protection of the rights of another person. You may exercise these rights by contacting Kansas State using the contact information provided below. If you are within the European Union, you also have the right to lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, place of work, or place of alleged infringement of the applicable law.


If you would like to submit a data access, correction, restriction, or deletion request, you can do so by contacting us at gdpr@ksu.edu and we will process such request with respect to any Personal Information that we are able to link to you individually based on the information that you can provide to us. Exercising any of these rights is a guarantee to be afforded a process and does not guarantee any particular outcome. These rights and options that you have with respect to Personal Information are subject to limitations and exceptions under applicable law.


Right to Change Privacy Statement


Kansas State reserves the right at any time to modify, alter, or update the terms of this Privacy Statement and Request for Consent. Please review this privacy statement periodically, and especially before you provide any Personal Information to us. This Privacy Statement and Request for Consent is available at 103 Edwards Hall, 1810 Kerr Drive, Manhattan, Kansas 66506-4801 and on the Human Capital Services website. The Privacy Statement and Request for Consent was last updated on February 18, 2019.