Overview

Purpose

This Privacy Notice (“Notice”) provides information regarding Electric Boat Corporation’s (“EB”) compliance with the European Union General Data Protection Regulation (“GDPR”).

This Notice aims to provide guidance to EB employees, applicants, customer, vendors, or an employee thereof on the standards that govern EB’s privacy policies to include the nature of the personal data held by EB regarding EB’s employees and the way EB uses and otherwise processes the personal data of EB’s employees. This Notice also aims at providing EB employees with transparent information regarding the processing of their personal data.

This Notice is designed to comply with all applicable national, state and local laws and regulations, including primarily the GDPR.

Scope and Intended Audience

This Notice applies to Electric Boat Corporation and its affiliates. This Notice covers all personal data related to EB’s employees who are residents of the European Union, European Economic Area, United Kingdom and Switzerland.

DEFINITIONS

Listed below are the definitions that pertain to this Notice. Where a term is not specifically defined in this section, the definitions of article 4 of the GDPR shall apply.

 “Personal Data”: Any information relating to an identified or identifiable natural person (“data subject”). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his /her physical, physiological, mental, economic, cultural or social identity. Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link.

“Processing” Personal Data: This term is broadly defined and includes any manual or automatic operation (or set of operations) on Personal Data, including its collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, use, transmission, dissemination or publication, alignment or combination, and even restriction, erasure, or destruction.

“Personnel” or “You” or “Your”: All employees of EB that are placed on assignment in the European Union, European Economic Area, United Kingdom and Switzerland.

“Data Controller”: A person or entity who, either alone or jointly or together with other persons or entities, determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For purposes of this Notice, the Data Controller is EB, which processes payroll for employees on long term assignment; General Dynamics Corporation when employee data for employees on long term assignment is sent to Corporate headquarters).

“Sensitive Personal Data”: Personal Data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the Processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

NOTICE

General Rule

Personal Data shall be collected and processed in compliance with the requirements of the GDPR and/or other applicable local data privacy laws (“Privacy Laws”).

EB collects and processes Personal Data relating to its Personnel primarily for job-related purposes. You can find a list of the purposes for which EB processes Your Personal Data in “Purposes of the Personal Data Processing” section below. EB does not collect and process more or other types of Personal Data than are necessary to fulfill the respective purposes. EB will only use Personal Data as set forth in this Notice, unless You have specifically provided Your consent to another use of Your Personal Data or such use is otherwise permissible under applicable Privacy Laws. You shall be informed about the categories of Personal Data collected and how the Personal Data will be processed. Where the Processing is subject to Your consent, EB will use Your Personal Data for a different purpose only with Your permission. Access to the Personal Data shall be role-based and consistent with the job duty responsibilities of EB employees who are given access.

Personal Data Collected and Held

Unless limited by local legislation, only the following Personal Data will typically be collected, processed, and stored as part of the personnel record EB holds on You:

• Your identity: to include last name, first name, maiden name; gender; date and country of birth; nationality; home address; home telephone number; home email; name and telephone number of a contact in case of emergency; passport number (if applicable); adhesion to the Catholic and Evangelic Church (applicable in Germany and Switzerland only and exclusively for tax purposes); driver’s license number (if applicable); work permit number; social security number or foreign tax number (if applicable and only as required for payroll, benefit and insurance purposes); bank account details; employee identification number; and, if any, Your disability rate (if applicable) as required for EB to comply with its legal duty.
• Family Status: to include marital status; last name, first name, social security number, and date of birth of Your spouse or partner (should You and your spouse or partner wish to be added to your insurance); last name, first name, date of birth, and social security number of Your children (should You wish to add them to your insurance); insurance information; retirement account information; passport number and related materials for processing of residency or other immigration status; school forms for local school enrollment or tuition payments).
• Background Check: to include information about criminal convictions and civil infractions provided by law enforcement and court records, and information provided by your former employer.
• Employment Terms and Conditions: to include fixed-term contract or open-ended contract; part-time or full-time job; hire date; termination date; division; department; reporting structure; job title; pay grade; work telephone number and work email address; job description; track of salary and other compensation elements; related payments; actual working hours or shift time; pension fund contribution; tax and source tax deductions; absence management (in particular sick leave, special leave of absence, maternity leave, parental leave); paid holidays (if applicable); time off given in compensation for extra time worked); personnel representative status (such as whether there is an applicable works council).
• Education and Development: to include diplomas and training certificates held; languages and proficiency; curriculum vitae detailing Your work experience and if applicable, military situation (but not the reasons for deferment or rejection from the military service, if any); continuous training; mobility situation and management of career development actions; performance evaluations.
• Your use of EB’s Information Technology (IT) System: to include IT system usernames and passwords and similar information.
• Data collected through the Compliance Hotline (if applicable): You or a complainant can submit complaints or inquiries on an anonymous basis to the compliance hotline. If You or a complainant wishes to use Your or their identity, then the following Personal Data may be collected: last name, first name, job title, and contact information of the person who contacted the compliance hotline (the complainant); last name, first name, job title, and contact information of the person who is the subject of the communication to the compliance hotline; last name, first name, job title, and contact information of the person(s) involved in the collection and Processing of the complaint; alleged facts reported by the complainant regarding accounting, internal accounting controls, auditing matters, banking and financial items; vital interests of the company; and when legally applicable under the Privacy Laws, employees’ physical or moral integrity; follow-up required to verify the alleged facts; and information obtained or created in connection with reporting the complaint.

Collection and Processing of Sensitive Data

In principle, no Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the Processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning Your health or sex life or Your sexual orientation are collected or processed by EB.

However, racial or ethnic origin Personal Data (e.g. Your identified race and ethnic origin as provided by You at Your time of hire or when You voluntarily self-disclose such information after Your time of hire) may be collected and processed by EB to the extent that EB is required to do so in order to comply with its affirmative action and equal employment opportunity obligations.

Further, health-related Personal Data (e.g., absence records associated with illness or accidents, including possible exposure to certain materials or contaminants; maternity leave; disabilities; work-related injuries or claims; etc.) may be collected and processed by EB to the extent EB is required to do so in order to comply with its labor and social security obligations or to manage the safety at the workplace.

Additionally, Personal Data related to trade union membership may be collected and processed for purposes of administering the terms of union agreements, benefits, and retirement plans, and other activities governed by collective bargaining agreements.

Purposes of the Personal Data Processing

Where it is necessary, we use Your Personal Data to help ensure effective personnel administration, for the following purposes:

• Payroll, Benefits, and Insurance: Personal Data is used to administer the salaries, benefits, and insurance that you receive under Your employment agreement, including annual merit increases, any other salary adjustments, annual bonus payments, and retirement benefits, including other benefits provided to retirees; income tax; and social security withholdings.
• Travel Arrangements and Business Expense Processing: Personal Data is used to make travel arrangements and to process business expenses associated with business travel; to process business expenses associated with approved coursework, books and periodicals, and training; to process business expenses associated with approved business expenditures.
• Performance Review and Management: EB uses Personal Data to facilitate Personnel performance management and career development, notably through annual performance appraisals; annual salary reviews, and; if any, disciplinary sanctions in accordance with local legislation.
• Succession Planning and Leadership Development: Personal Data may be used for succession planning and leadership development of employees.
• Administration of Compensation Program or Employee Equity Plans: Personal Data may be used in the administration of compensation program or equity
• Legal Obligations: EB may use Your Personal Data to comply with our legal obligations, such as income tax and social security withholdings; “Catholic and Evangelic Church tax” (applicable in Germany and Switzerland only and exclusively for tax purposes); disability; maternity obligations; or cooperation with courts, including civil actions, and with law enforcement agencies in legal investigations regarding suspected criminal activities or other suspected illegal activities. Subject to local law requirements, EB may use Your Personal Data to protect its legal rights or support any claim, defense or declaration in a case or before any jurisdictional and/or administrative authority or arbitration or mediation panel, in the context of disciplinary actions/investigations or of internal or external audit and inquiries.
• Security: Some of Your Personal Data is collected and processed for security purposes including office access and IT Resources access, according to EB’s Information Technology & Security Policies. Personal Data may be collected in the course of IT Resources security procedures, including security penetration tests, for which IT experts will try to access our system to find any security
• General Management and Human Resources Administration: Personal Data may also be used for administration purposes, including employee feedback through the use of employee surveys and contacting employees; administration of email systems and company directories; assignment of offices and other company equipment; assignment of identification badges; and evaluations performed for purposes such as headcount, diversity and inclusion measures and overall corporate programs to promote an optimal workplace. Personal Data may also be used for the company’s planning and budgeting; financial reporting; corporate reorganizations; outsourcing; restructuring; and acquisitions and divestments. Personal Data may also be used for human resources administration such as to obtain feedback from Personnel about the company and the work-life environment, so as to identify areas where the organization can improve and related matters.
• Reporting: Personal Data may be collected through the compliance hotline implemented by General Dynamics Corporation as a means of allowing employees to report allegations related to the following matters, or other areas of concern: accounting, internal accounting controls, auditing matters, bribery, banking and financial crime; facts affecting the vital interest of the company; or issues related to employees’ physical or moral integrity. The collected Personal Data may be transferred to General Dynamics Corporation located in Falls Church, Virginia USA in the event that the message received through the reporting system may affect substantially the legitimate interests of General Dynamics Corporation, EB or any of their affiliates.
• Performance in Your Job Within EB: To assign a workspace, office, computers, other EB equipment, to keep track of the individuals to whom the equipment is assigned, and to enable access to EB’s IT systems and applications, including third party applications used to perform your job.

Legal Basis for Processing

EB only processes Your Personal Data so far as such Processing is legally permitted. Please see below for a more comprehensive description of the legal basis on which We process Your Personal Data.

• For the performance of a contract with You: EB may enter into legal contracts with You other than Your employment contract, e.g., with regards to fringe benefits or cost of living We may Process Your Personal Data to comply with legal obligations arising from these contracts.
• Compliance with a Legal Obligation: EB is subject to a number of statutory requirements, e.g., to ensure compliance with legal obligations throughout the company. To comply with these requirements, EB must Process certain Personal Data. Such legal obligations may sometimes require the Processing of certain Sensitive Personal Data.
• Safeguarding Legitimate Interests: EB will Process certain Personal Data in order to safeguard its own or any third party’s interests. This may include Personal Data collected for general Management and Human Resources Administration e.g. keeping our records up to date and accurate, and performing background checks, and ensuring compliance with the requirements of our government customers.
• Processing in the Context of Employment: EB will Process certain Personal Data in the context of Your employment This may include, for example, administrative Processing of your Personal Data to manage, plan and organize your work and your workplace, e.g., to manage the payment of Your salary. If You refuse to provide Your Personal Data, which are required in the context of your employment, You might face adverse effects such as the loss of certain benefits, or EB might not be able to fulfil its legal obligations to You, i.e. the employment contract cannot be performed.

Personal Data Retention Period and Place of Storage

EB will only keep Your Personal Data for so long as they are relevant for the purposes for which they were collected or as required by law.

EB will delete Your Personal Data when Your Personal Data are no longer relevant and, in any case, upon expiration of the maximum storage term of Your Personal Data as set forth by the applicable law, unless otherwise required by applicable law to store Your Personal Data (e.g., in connection with reporting obligations or in the event of litigation). If required by national law, EB will first block your data for a determined period of time to keep it available for authorities or courts before we can finally delete it. Such blocked data will only be accessed by individual employees who are in charge of managing such data and responding to court orders and requests from authorities.

EB Personnel’s Personal Data are held in paper, electronic, and other formats, and must be securely stored and accessible only in accordance with job responsibilities. Refer to EB’s policies on record retention practices.

Conditions of Disclosure of Personal Data

Access to Personal Data is given to those individuals of EB and its affiliates who need such access for a purpose listed above or where required by law. These parties Human Resources, Finance, Accounting, Payroll, Contracts, Procurement, Ethics, Business Services, Security, Tax, and other department personnel who require access to administer designated responsibilities.  EB will from time to time and for the purposes listed above, need to make some of Your Personal Data available to:

• Government administrations (for example tax authorities or social security services) or judicial authorities.
• Your current, past, or prospective
• Other employees within EB, General Dynamics Corporation and their affiliates or subsidiaries.
• Employment or recruitment
• External advisors (including EB’s independent public accountants, authorized representatives of internal control functions such as auditors or attorneys, corporate security, and corporate legal) and to companies which provide services to EB for assisting EB in Human Resources management (such as payroll services, candidates’ assessment purposes and outplacement services).
• Third parties in the course of EB’s general management (payroll administrators, benefits providers and administrators, information technology systems providers, financial institutions, pension plan institutions, and consultants, and professional advisors and consultants).
• Customers and clients.
• Distributors and suppliers of goods or services.
• Travel agencies.
• Insurance companies.
• Outsourcers for various services.

In addition, where permitted by applicable law, Personal Data may be disclosed in connection with a corporate restructuring, sale, or assignment of assets, merger, divestiture, or other changes of control or financial status of General Dynamics Corporation, EB, or any of their affiliates. Finally, and to the extent permitted by applicable laws, Personal Data may be transferred to respond to internal or external audit and inquiries, to law enforcement requests, to administrative or judicial authorities or where required by applicable laws, court orders, or government regulations (including disclosures to tax, employment/labor or other authorities).

You can be assured that Your Personal Data is disclosed or transferred to EB employees or to the recipients within the departments listed above who need to use Your Personal Data for the purposes described in this Policy, and that Your Personal Data will be treated confidentially. EB requires from the service providers to whom Your Personal Data may be transferred that they undertake to process Your Personal Data only on behalf and subject to EB’s instructions and to implement appropriate security measures to keep Your Personal Data confidential.

Transfer of Personal Data Outside of the EU & UK

As certain of the recipients listed in the above paragraphs may be located outside the EU & UK where the data protection laws might not provide a level of protection equivalent to the laws in Your jurisdiction, EB has taken the appropriate measures to comply with the requirements of the Privacy Law to secure transfer of Personal Data outside EU & UK.

Security Measures Implemented to Protect Personal Data

EB has undertaken efforts to put into place appropriate technical and organizational security measures to minimize the risk of unauthorized or unlawful disclosure or access to, or accidental or unlawful loss, destruction, alteration or damage to Your Personal Data. These measures will help ensure an appropriate level of security in relation to the risks inherent to the Processing and the nature of the Personal Data to be protected. Your Personal Data will only be accessible to those EB employees who have a need-to-know Your Personal Data for the performance of their job duties.

EB works to have appropriate physical, technical and organizational security measures in place to protect the security of Your Data that it processes. The security measures taken by EB include controlled access to hard copy personnel and medical files, directory access controls for electronic data files, and user id/password access for systems containing personal information including, but not limited to, HRIS Systems (e.g. PeopleSoft, iCIMS, Cornerstone on Demand), Payroll/Timekeeping Systems (e.g. TAS/Infor Workforce Management), and Medical/Workers’ Compensation Systems (e.g. ATS). These security measures may be updated over time when legal and technological developments occur.

Your Rights

You have certain rights regarding the personal information EB holds about you, subject to local, state, or international law (including the GDPR), such as the right to access, correct, delete, restrict, object to EB’s use of, withdraw consent if applicable, or receive a portable copy in a usable electronic format of your personal information.

Pursuant to the law, You may object to the Processing of Your Personal Data for legitimate reasons, notably the transfer of Your Personal Data to some recipients. Please note that where EB collects, holds and processes Your Personal Data to perform its obligations under Your employment contract, You may not oppose to such Processing.

You may contact EB at the contact information set forth below to update or correct Your information if it changes or if the personal information EB holds about you is inaccurate.

You further have the right to lodge a complaint with a relevant supervisory authority if You believe that EB may have infringed Your rights.

Changes to this Notice

EB may change or update this privacy notice from time to time. If any revisions made by EB materially alter the ways in which EB processes your personal information, EB will communicate such changes via the email address you have on file with EB.

Contact Information

If you have questions or concerns regarding the way in which your personal information has been used, you may contact EB at dataprivacy@gdeb.com or by phone at 860-433-8279.

Represented employees should direct their questions or concerns to their Union representative who can then address any issues with the Legal Department.