Last Updated: 17th May 2024
This notice describes how the Vista group of companies set out below ("Vista Group", "we", "us" or "our") uses your personal data in connection with your application for employment with us. It also describes your data protection rights, including a right to object to some of the processing which Vista Group carries out. More information about your rights, and how to exercise them, is set out in the "Your choices and rights" section.
The Vista Group company that acts as the controller of your personal data will be determined by what Vista brand you are applying for, and from which country:
We also may provide you with additional information when we collect personal data, where we feel it would be helpful to provide relevant and timely information.
We collect most of this information from you directly. For example, data is collected through our application portal and CVs; from correspondence with you; or through interviews, meetings or other assessments. We also collect some information about you from other people (e.g. recruiters, referrals), your referees or organisations (e.g. from LinkedIn if you choose to connect us with your LinkedIn profile) where applicable, we also collect data from our third-party background screening provider during the pre-employment screening process).
We have to have a legal basis to process your data. We explain each of these legal bases below. We also set out the purposes for which we process your data. For each purpose, we explain the lawful basis for that processing, the processing operations that we carry out and the categories of data that we process.
Consent – sometimes we ask for your consent to use your data.
Legitimate interest – we can process your data when this is necessary for us to achieve a business purpose, or where this is necessary for someone else to achieve their purpose. We explain below what interests we, or others, are trying to achieve when we process your data. Where we process personal data on the basis of a legitimate interest, then – as required by data protection law – we have carried out a balancing test to document our interests, to consider what the impact of the processing will be on individuals and to determine whether individuals’ interests outweigh our interests in the processing taking place. You can obtain more information about this balancing test by using the contact details at the end of the notice.
Legal obligation – we have obligations to comply with legal and regulatory requirements under laws applicable to us in each of the territories that we operate in. In certain cases, we have to use your data to meet these obligations.
We have set out below why we process your data and what data we use:
Processing your application – (legitimate interests)
We collect and use your personal data so we can process your application and determine whether to move forward with engaging you as an employee or as a contractor. We store, and where needed, update, your personal information to make informed decisions on recruitment and assess your suitability for the role, to communicate with you about your application, to respond to your inquiries and schedule interviews, and to reimburse you for any agreed expenses incurred in the application process. To do this we use your personal identification and communication information. This information will be shared with companies who host our recruitment portal and systems. If we re-imburse expenses, we share information with financial service providers.
Making adjustments for you – (consent, legitimate interests)
If we need to make adjustments for you during the recruitment process, we process your personal data with your consent or on the basis of a legitimate interest. This may involve processing health data (mental/physical) so we can appropriately cater the process for you. In this situation, we process special category data and would only do so with your explicit consent, or for the lawful purpose of exercising your rights in the field of employment.
Keeping in touch – (consent)
If you are applying from New Zealand, we may use your data to contact you about future career opportunities at Vista Group. This includes storing your data and keeping it up to date and using it to contact you. If you are applying from any other territory, we will not retain your data for future career opportunities without your consent.
We use your personal identification and communication information and application-related information for this.
This information will be shared with companies who host our recruitment portal and systems.
Improving our recruitment process – (legitimate interests)
We have an interest in improving our recruitment processes. To achieve this, we analyse your data and compare it to current/past recruitment processes.
We use your personal identification and communication information and application-related information for this purpose.
This information will be shared with companies who host our recruitment portal and systems.
Verifying information – (legitimate interests)
We have an interest in carrying out appropriate checks to verify the information provided by candidates. We verify the details you have supplied and, conduct pre-employment background checks (with respect to US applicants only).
We use your personal identification information and communication related information and application related information for this, such as academic and work records, and reference contact details.
This information will be shared with companies who host our recruitment portal and systems and with background screening companies. Where we check references or previous employment and education, we disclose the fact that you have applied to us to educational institutions and to previous employers.
Business interests – (legitimate interests)
We have an interest in protecting our business interests and legal rights, including, use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes and ethics and compliance reporting requirements.
To do this, we store, use and may transmit your personal identification and communication information, application-related information and sensitive information.
This information will be shared with companies who host our recruitment portal and systems. We share information with legal and other advisers if there are investigations or potential claims.
Compliance with law – (legal obligation)
We use your data to comply with legal, regulatory and other requirements under laws applicable to us in each of the territories that we operate in, by analysing and possibly transmitting your personal information.
To do this we use your personal identification and communication information, and application-related information.
This information will be shared with companies who host our recruitment portal and systems. We will share your personal information with supervisory or regulatory bodies duly constituted under the laws applicable to us in each of the territories we operate in, where we are legally compelled by those institutions to do so. This may include regulatory bodies that compel us to share your personal information under the rules of any applicable securities exchange.
More information about verification and background checks
For positions in certain territories, it will be necessary for us to verify the details you have supplied (for example, in relation to your identity, employment history, academic qualification and professional credentials) and to conduct pre-employment background checks (for example, in relation to previous criminal convictions or financial standing). The checks will be conducted at as late a stage as is practicable in the recruitment process and often only after you have been selected for the position. If your application is successful, we will provide further information about the checks involved and will obtain any necessary consent(s) prior to completing such checks.
Personal data will primarily be processed by employees in our People & Culture, IT and finance departments. This will include sharing your personal data with shared service employees at our head office in New Zealand.
Your personal data will be shared with companies providing services, such as technology services including hosting, maintenance and administration, as well as other agencies, under contract to Vista Group as part of the recruitment process. When we share your data with these companies, we have explained this according to each purpose under section 3.
Your personal data also will be shared with government authorities and/or law enforcement officials if mandated by law or if required for the protection of our legitimate interests in compliance with applicable laws.
In the event that a Vista Group business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business.
As a company headquartered in New Zealand, most of our IT systems are hosted in New Zealand and all of the information listed at section 2 above is hosted in New Zealand. The European Commission and UK government have determined that New Zealand offers an adequate level of protection over your personal data – you can find out more in the adequacy decision available here: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en and here: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/international-transfers/international-transfers-a-guide/.
We rely on this decision for EEA/UK – New Zealand transfers and explain below what happens when there is not an adequacy decision covering a transfer.
A copy of the relevant mechanism can be obtained for your review on request by using the contact details below.
You have the right to:
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep.
If you have unresolved concerns, you have the right to lodge a complaint with a data protection authority. In the UK, this will be the Information Commissioner. In the EEA, this will be the relevant member of the EDPB depending on where you are located. Please find the relevant supervisory body here: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en#member-it
Where we collect personal data to administer a contract with you or to comply with our legal obligations, this is mandatory and we will not be able to manage the application/employment relationship without this information. In all other cases, provision of the requested personal data is optional, but this may affect your ability to participate in certain programs or systems, where the information is needed for those purposes.
If you are successful: we will retain your personal data only for as long as we need it for Vista Group’s legitimate interest in accordance with applicable law, for the purposes of the recruitment process and, once this process is finished, for an appropriate period so as to be able to deal with any legal claims linked to the application process.
Recruitment records for successful applicants are generally kept for 6 years after the termination of employment of that individual. After this period, we will take steps to delete your personal data or hold it in a form that no longer identifies you. If you become a Vista Group employee, relevant personal information you provide will become a part of your employee file and may be used and retained for the management of the employment relationship. The retention periods that will apply if you are successfully onboarded as an employee of Vista Group are set out in the Vista Group Data Retention Policy, which will be made available to you once you start your employment with Vista Group.
If you are not successful: If you are an NZ applicant, we may retain your personal data with your so we can keep you in mind for future recruitment processes; if you are an applicant from California or Mexico, that information will be kept for 4 years from the date it was received, otherwise, it will be deleted after 2 – 6 months.
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at:
Vista Group International Limited
Shed 12, City Works Depot,
90 Wellesley Street West
Auckland 1010
New Zealand
+64 09 984 4570
info@vistagroup.co.nz
We have appointed a representative in the EU: Vista Entertainment Solutions (NL) B.V., who can be contacted by email at EUprivacy@vista.co or in person / by post at TSH Collab Amsterdam City, Wibautstraat 131D, 1091 GL Amsterdam, Netherlands.
We have appointed a representative in the UK: Vista Group International (UK) Limited, who can be contacted by email at UKprivacy@vista.co or in person / by post at FORA, Thomas House, 84 Eccleston Square, London SW1V 1PX.
If you have any questions, you can also contact our data protection officer at DPO.VistaGroup@twobirds.com
Bird & Bird DPO Services SRL
Avenue Louise 235 b 1
1050
Brussels
Belgium
Vista Group brands provide an innovative range of complementary products across the film industry, from production and distribution to cinema exhibition through to the experience of the moviegoer.