Data Subject Rights Policy for IBM Digital Talent for Business

1. Introduction

This policy outlines the rights of data subjects concerning personal information (PI) and special category personal information (SPI) controlled and processed by the IBM Digital Talent for Business. The scope of this policy includes data related to employees and job applicants, which is exclusively managed by the Human Resources (HR) department in accordance with IBM Digital Talent for Business's Data Privacy Policy.

2. Data Subject Rights

1. Right to be Informed:

• Data subjects have the right to be informed about the collection and use of their personal data. IBM Digital Talent for Business ensures transparency by providing clear and concise information about the data being collected, the purposes for which it is used, the legal basis for processing, retention periods, and who the data is shared with as per the company's Data Privacy Policy.

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2. Right of Access:

• Data subjects can request access to their personal data held by IBM Digital Talent for Business. HR will provide a copy of the data along with details about its processing, including the purpose, categories of data, retention period, and any third parties with whom the data has been shared, following the procedures outlined in the company's Data Subject Rights (DSR) process.

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3. Right to Rectification:

• ​Data subjects have the right to request corrections to any inaccurate or incomplete personal data held by IBM Digital Talent for Business. HR will update the data within the timeframe specified in the company's Data Privacy Policy after verifying the accuracy of the information.

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4. Right to Erasure (Right to be Forgotten):

• Data subjects can request the deletion of their personal data in certain circumstances, such as when the data is no longer necessary, consent is withdrawn, or the data has been unlawfully processed. HR will evaluate each request and ensure that the data is erased promptly, unless there are legal obligations or other compelling reasons to retain it, in accordance with the company's policy.​

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5. Right to Restrict Processing:

• Data subjects can request that the processing of their personal data be restricted under certain conditions, such as when the accuracy of the data is contested or when the data is no longer needed but must be retained for legal claims. During the restriction period, HR will cease processing the data except for storage or as required by law, as detailed in the company's Data Privacy Policy.

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6. Right to Data Portability:

• Data subjects have the right to obtain their personal data in a structured, commonly used, and machine-readable format. They can also request that IBM Digital Talent for Business transfer their data directly to another organization where technically feasible. This applies only to data provided by the data subject and processed based on consent or a contractual obligation, following the guidelines in the company's Data Subject Rights process.

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7. Right to Object:

• Data subjects have the right to object to the processing of their personal data based on legitimate interests or public interest. If an objection is raised, IBM Digital Talent for Business will cease processing unless there are compelling legitimate grounds to continue or for the establishment, exercise, or defense of legal claims, as per the company's Data Privacy Policy.

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8. Rights in Relation to Automated Decision-Making and Profiling:

• Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. Exceptions to this right exist if the processing is necessary for a contract, authorized by law, or based on explicit consent, as outlined in the company's Data Privacy Policy.