Microsoft Global Data Protection Notice for Employees, External Staff and Candidates

Your privacy is important to us.  We respect the privacy rights of all individuals and we are committed to handling personal data responsibly and in accordance with applicable law. This privacy notice, together with the A​ddendum, explain what personal data Microsoft collects, uses, and maintains (collectively "processes") about you in the operation of its business, how it uses that data, and your rights to that data.

Please note that this notice applies to the handling of your personal data as an employee, candidate or as external staff (individuals who are not employed by Microsoft that have access to Microsoft facilities and/or Microsoft corporate network access. This could include agency temporary workers, outsourced staff, contractors, and business guests).  Additional details concerning Microsoft's governance and privacy requirements for employee data can be found in internal resources including the Microsoft Privacy Standard and Responsible Use of Technology Policy. 

This notice does not cover your use of Microsoft consumer products as a consumer, outside of your regular employment or assignment with Microsoft.  Microsoft consumer products may include services, websites, apps, software, servers, and devices.  To learn more about Microsoft's data collection practic​es that cover your use of Microsoft products as a consumer, please read our Microsoft Privacy Statement.

This notice is not intended and shall not be read to create any express or implied promise or contract for employment, for any benefit, or for specific treatment in specific situations.  Nothing in this notice should be construed to interfere with Microsoft's ability to process employee data for purposes of complying with its legal obligations, or for investigating alleged misconduct or violations of company policy or law, subject to compliance with internal policy and local legal requirements.

Microsoft's processing of personal data is in all cases subject to the requirements of local law, internal policy, and any consultation requirements with worker representatives (where appropriate).  To the extent this notice conflicts with local law in your jurisdictions, local law controls.

What Personal Data We Collect
The data we collect can include the following, but is not limited to:

Name and contact data. Your first and last name, employee identification number, email address, postal address, phone number, photo, beneficiary and emergency contact details, and other similar contact data.   Additionally, you may opt to provide Microsoft with additional contact information such as personal email address(es) and/or cell phone number(s).

Demographic data.  Your date of birth and gender. We may also collect and process "Sensitive Personal Information" about you in accordance with local requirements and applicable law.   This may include any information that reveals your racial or ethnic origin, religious, political or philosophical beliefs, trade union membership, or information about your health, disabilities, or sexual orientation.  We will use this information to comply with anti-discrimination laws and government reporting obligations and to help insure equal employment opportunities.  We may also request information about your physical or mental condition to provide work-related accommodations, to provide health and insurance benefits to you and your dependents, or to manage absences from work.   We may further request, where permitted by law and on a voluntary and consensual disclosure basis, sensitive personal information such as information about your racial/ethnic origin, sexual orientation, veteran status, and disability status.  We will use this information on a de-identified and aggregated basis to help provide a more diverse and inclusive workplace through our Diversity, Inclusion and Accessibility programs.  ​​

National identifiers.  Your national ID/passport, residency and work permit status, social security number, or other taxpayer/government identification number.

Employment details.  Your job title/position, office location, employment contract, offer letter, hire date, termination date, performance history and disciplinary records, leave of absence, sick time, and vacation/holiday records.

Spouse/partner and dependents' information.  Your spouse/partner and dependents' first and last names, dates of birth, and contact details.

Background information.  Academic and professional qualifications, education, CV/Resume, credit history and criminal records data (utilized for background check and vetting purposes where permissible and in accordance with applicable law and consultation requirements).

Financial information.  Bank account details, tax information, salary, retirement account information, company allowances and other information necessary to administer payroll, taxes and benefits.

Workplace, Device, Usage, and Content data.  Electronic communications transmitted within our corporate network​, building and information system access, Microsoft device, system and application usage (including telemetry) when accessing and using Microsoft corporate buildings, services and assets.​​

Why We Process Personal Data
We process your personal data (and, where necessary, data for your dependents, beneficiaries and other individuals associated with your employment) for the varied purposes set out below.  Failure to provide your personal data when requested may prevent us from being able to carry out these tasks and/or comply with our legal obligations.

1.  To administer your employment contract, external staff engagement, offer letter or other commitments we've made to you

We process your personal data primarily for the purpose of managing our employment or working relationship with you, and to fulfill our obligations under your employment contract, or applicable Microsoft policies, including payroll, benefits administration, tax reporting, and the like.  A few examples:  your employment contract, your offer letter (e.g. so we can on-board you), promotion history and performance reviews (e.g. so we can manage our employment relationship with you), and your bank account and salary details (e.g. so we can pay you or provide HR benefits). If you are a candidate, we process your data to engage with you about Microsoft career opportunities, consider your application for employment to specific roles at Microsoft, and other similar uses including candidate screening, interview scheduling and management, lawful background checks, and to on board you at Microsoft if you receive and accept an offer of employment with us.  If you are external staff, the type of personal data we process is limited to what is needed to manage your engagement with Microsoft and access to Microsoft facilities and information systems. 

2.  Other overriding and legitimate business purposes

We also may process your personal data when it is necessary for other legitimate purposes, such as general HR administration, our global directory of employees and external staff, general business management and operations, disclosures for auditing and reporting purposes, management of network and information systems security and business operations, provision and improvement of employee services, physical security and to protect the life and safety of employees and others.  We may also use special applications and systems that record employee performance metrics, such as sales related or code databases for business operations purposes as well as for the purposes of reviewing, rewarding and coaching employees on their performance.  We may also process your personal data to investigate potential violations of law or breaches of our internal policies.

3.  Legally required purposes

We also may process your personal data when we consider it necessary for complying with laws and regulations, including collecting and disclosing personal data as required by law (e.g., for minimum wage, working time, tax, health and safety, anti-discrimination laws, global migration), under judicial authorization, or to exercise or defend the legal rights of Microsoft.

4.  Other uses of your data (where permissible and in accordance with applicable law and consultation requirements)

We also may process data about you and your usage of and interaction with Microsoft products, services and internal applications and tools, when you use them to  conduct Microsoft business, to measure and improve these products, or to assess or improve how it conducts its business; use of your data for product improvement may include human and machine review of such data to train AI models and improve machine learning for Microsoft products and services.  While Microsoft all​ows incidental use of its corporate applications and tools for personal reasons; personal data you transmit through these systems may be used for product improvement.  Where required by law or internal policy, we will seek your consent to such uses; and where your consent is sought, we will ensure your consent is knowing, truly voluntary, and that you suffer no adverse consequence from any decision to withhold or revoke your consent.

Collection and Use of Data from Third Parties and Social Media
We may also collect personal data about you from third parties or public sources as needed to support the employment relationship or to engage with you concerning job opportunities at Microsoft. For example, before and during the course of your employment or assignment with Microsoft, we may collect information from public social media sources, such as your public LinkedIn profile, for recruitment purposes. We also may conduct lawful background screenings, to the extent permitted by law, through a third-party vendor for information about your past education, employment, credit and/or criminal history.  In the event of a natural disaster or other life/safety emergency, we may rely on public social media posts or other public sources to account for employees if otherwise unable to contact them.  Additionally, if there is an investigation of an employee matter, we may obtain information relevant to the incident from external sources including private parties, law enforcement or public sources like news sources and public social media posts.


Change of purpose
We will only use your personal data for the purposes outlined in this notice or such purposes as may be reasonably compatible with the original purpose for which it was collected or there is an alternative legal basis for the further processing.  For example, you may provide personal information to Microsoft while researching job openings, but once you apply for a specific role, Microsoft may need to process your personal information based on other legal bases for processing.

How and Why We Share Personal Data
Microsoft will only share your personal data with those who have a legitimate need for it. Whenever we permit a third party to access personal data, we will make sure the data is used in a manner consistent with this notice (and any applicable internal data handling guidelines consistent with the sensitivity and classification of the data).  Your personal data may be shared with our subsidiaries and affiliates and other third parties, including service providers, for legitimate purposes as follows:

1. In order to carry out the uses of personal data described above (See section titled: Why We Process Personal Data);
2. To enable third parties to provide services to us. Categories of recipients of data would include financial investment service providers, insurance providers, payroll support services, relocation, tax and travel management services, health and safety experts, and child care providers;
3. To comply with our legal obligations, regulations or contracts, or to respond to a court order, administrative or judicial process, such as a subpoena, government audit or search warrant. Categories of recipients would include counter-parties to contracts, judicial and governmental bodies;
   
4. In response to lawful requests by public authorities (such as national security or law enforcement);
5. To seek legal advice from external lawyers and advice from other professional advisers such as accountants, management consultants, etc.;
6. As necessary to establish, exercise or defend against potential, threatened or actual litigation (such as adverse parties in litigation);
7. ​Where necessary to protect Microsoft, your vital interests, or those of another person;
8. In connection with the sale, assignment or other transfer of all or part of our business (such as a potential purchaser and its legal / professional advisers); or
9. Otherwise in accordance with your consent.