EMPLOYEES PRIVACY NOTICE

Every individual within the Shell group of companies (‘Shell’) is responsible for protecting personal information about each other as well as that of our customers, business partners and suppliers.  

This Privacy Notice provides information about personal information processed by Shell MS Fuel Card, LLC and its affiliates (‘Shell MS Fuel Card, LLC’ or ’we’) in relation to individuals who are or were employees, interns or individual contractors as well as dependents of Shell MS Fuel Card, LLC employees (‘Shell MS Fuel Card, LLC Staff’).  

As well as this Privacy Notice, bespoke privacy notices and supplementary privacy statements may contain further information about how we process your personal information in relation to specific HR processes (such as Insperity, Safeguard Global and any other online employee benefit programs used by Shell MS Fuel Card, LLC). In those instances, such privacy notices will be communicated to you separately. 

This Privacy Notice explains what personal information is processed about you, why we are processing your personal information and for which purposes, how long we hold your personal information for, how to access and update your personal information, as well as the options you have regarding your personal information and where to go for further information.

Collection of information

We process personal information necessary to manage the employment relationship, to engage contractors and interns and to provide benefits to certain dependents of Shell MS Fuel Card, LLC employees.    

This may include personal home contact information, date of birth, marital status, payroll and bank account information, wage and benefit information including beneficiary information, emergency contacts, work performance information, information required to ensure you have the right to work in the country/ies you are engaged in, as well as any other information necessary for managing the employment relationship, for engaging contractors. 

Sensitive personal information

We may also process some special categories of personal information (’sensitive personal information’)  such as information relating to an individual’s health and their racial or ethnic origin.  

We will only process such personal information where:

• it is necessary for the purposes of complying with employment and social security laws including those specifically for the purposes of ensuring equal employment opportunities as required by US law, covering applicant and employee information such as social security number, gender, race/ethnicity, nationality, disability and veterans status; 
• for the establishment, exercise or defense of claims; 
• where necessary for the purposes of providing occupational medical advice and support, to protect the vital interests of an individual (such as in an emergency), where necessary for reasons of public health; 
• where it is a condition of starting or contuing in employment (such as drug testing); or 
• where the individual has provided their explicit consent (only if required by local law).  

We process your personal information:

• in order to satisfy our obligations to comply with local laws and regulations;
• for legitimate business interests (for example performance management in order to ensure we have qualified and competent personnel or for health, safety and security purposes to ensure that only authorized personnel can access certain sites or assets, litigation and defense of claims); or
• where we have your explicit consent.

Please note that as a general principle, Shell MS Fuel Card, LLC does not seek or rely on the consent of Shell MS Fuel Card, LLC Staff for processing personal information. However, there may be limited circumstances when consent is required. 

Personal information requested from Shell MS Fuel Card, LLC Staff is the minimum required in order to fulfil legal and/or contractual requirements and to provide opportunities to take part in programs or to provide a benefit. Failure to provide us with the information requested may negatively affect your ability to remain in employment, internship or engagement as a contractor or from participating in a program or receiving a benefit.  

In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent. Withdrawal of consent may however impact your ability to remain employed or otherwise engaged or from participating in a program or receiving a benefit.

We process personal information covered by this Privacy Notice for the following purposes:

• Human Resources, personnel management, business process execution, internal management, management reporting, organizational analysis and development – including budgetary, financial and organizational planning, administration, compensation, performance management;
• Health, safety and security– including protection of Shell MS Fuel Card, LLC Staff’s life or health, occupational health and safety, protection of Shell MS Fuel Card, LLC assets and authentication of Shell MS Fuel Card, LLC Staff status and access rights; or
• Legal and/or regulatory compliance– including compliance with legal or regulatory requirements.
• Pre-employment Drug/alcohol screening – depending upon position

We may also process your personal information for a secondary purpose where it is closely related, such as:

• storing, deleting or anonymising your personal information;
• fraud prevention, audits, investigations, dispute resolution or insurance  purposes, litigation and defence of claims; or
• statistical, historical or scientific research.

Monitoring

All activities on Shell MS Fuel Card, LLC IT equipment and/or when connected to the Shell MS Fuel Card, LLC IT network may be monitored for legitimate business purposes.

All Shell MS Fuel Card, LLC Staff receive an access badge which allows Shell MS Fuel Card, LLC to record the date, time and access points made by individuals within Shell MS Fuel Card, LLC premises and assets. The data from the access and security systems are used:

• for health, safety and security purposes, to prevent fraud and specifically the protection of Shell MS Fuel Card, LLC assets, Shell MS Fuel Card, LLC Staff and visitors to Shell MS Fuel Card, LLC premises;
• to comply with legal and regulatory requirements, specifically where there is a local legal requirement to provide information to government/regulatory authorities;
• to monitor (on an aggregated basis) the number of individuals entering and working in a Shell MS Fuel Card, LLC premise for human resources and real estate planning; and 
• in the case of contractors only (not Shell MS Fuel Card, LLC employees), the date and time of their entry and exit of Shell MS Fuel Card, LLC premises is used for the purposes of financial management and control.

Most of our premises and assets are equipped with surveillance cameras (CCTV). Where surveillance cameras are used, they will be identified. Surveillance cameras are used for health, safety and security specifically the protection of Shell MS Fuel Card, LLC assets, Shell MS Fuel Card, LLC staff and visitors to Shell MS Fuel Card, LLC premises. All images are routinely deleted unless there has been a health, safety or security incident, suspected or actual criminal activity, in which case they may be viewed by internal Shell MS Fuel Card, LLC investigation teams and externally if legally required or permitted by law enforcement or other government authority.

Screening

In order to comply with legal and regulatory obligations, to protect Shell MS Fuel Card, LLC’s assets and employees/contractors and specifically to ensure that Shell MS Fuel Card, LLC can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening on all employees and contractors on a periodic basis.  This screening takes place against publicly available or government issued sanctions lists 

Any personal information collected through the screening will not involve profiling or automated decision making regarding suitability for continued employment, internship or engagement as a contractor.

Shell MS Fuel Card, LLC whose registered office is at 1201 Hays Street, Tallahassee, FL 32301-2525, USA, and/or one or more of the companies within the Shell group of companies, either solely or jointly with its affiliates with the Shell group of companies.

In the case of individual contractors, the company within Shell MS Fuel Card, LLC that has contracted your services solely or jointly with its affiliates within the Shell group of companies and your external contracting/employing company/agency.

Your personal information is exclusively processed for the purposes referred to above and will only be shared on a strict need to know basis with:

• Other companies within the Shell group of companies, including to those which may be located  outside of the United States of America;
• Authorized third party agents, service providers, external auditors and/or subcontractors of Shell; and
• A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which the relevant Shell company/companies is subject to or as permitted by applicable law; or
• As necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
• Any person to whom Shell proposes to transfer any of its rights and/or duties.

Transfers of your personal information to other countries

Where your personal information has been transferred to companies within the Shell group and/or to authorized third parties located outside of your country, we take organizational, contractual and legal measures to ensure that your personal information is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal information. These measures include contractual obligations preventing service providers from selling your personal information. 

Security of your personal information 

We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate.

All information, including personal information, is managed in line with the Shell group standards for Information and Records Management and securely deleted thereafter.  

• Information contained within personnel files is held for no longer than 10 years once your employment has terminated; 
• information relating to retirement benefits are held for no longer than 99 years from the commencement of employment;
• any personal information gathered as part of the screening against publicly available or government issued sanctions lists and media sources are held for no longer than 15 years after they were first gathered;
• the names, date, time and access points for all individuals entering Shell premises are held for 3 years from each access;
• where an individual has been dismissed or had their contract terminated due to serious misconduct, including breaching the Shell Life Saving Rules or breaching the Shell Code of Conduct that information is held for up to 30 years post termination.

In all cases information may be held for (a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or (b) a shorter period where you object to the processing of the personal information and there is no longer a legitimate business purpose to retain it.

We aim to keep our information about you as accurate as possible. Regardless of which State you are resident of, you can request:

• access to your personal information;
• correction or deletion of your personal information (but only where they are no longer required for a legitimate business purpose);
• that the processing of your personal information is restricted; and/or
• that you receive personal information that you have provided to Shell MS Fuel Card, LLC, in a structured, digital form to be transmitted to another party, if this is technically feasible. 

For those individuals or contractors who have access to Insperity or Safeguard Global you can access your personal information through their portals.

Alternatively, please contact your local HR advisor. If you are a contractor you should speak with your external contracting/employing company/agency. For former employees or dependents, please contact FuelCard-HR@msfuelcard.com  or FuelCard-Privacy@msfuelcard.com or privacy-office-SI@shell.com.

If you have any issues, queries or complaints regarding the processing of your personal information please contact your local HR contact or FuelCard-HR@msfuelcard.com.

You may also contact FuelCard-Privacy@msfuelcard.com or the Shell Group Chief Privacy Officer at Privacy-Office-SI@shell.com or Shell International B.V. The Hague, The Netherlands – Trade Register, No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague

Without prejudice to any rights you may have in line with local law you have the right to lodge a complaint with the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.

This Privacy Notice may be changed over time. You are advised to regularly review this Privacy Notice for possible changes. This Privacy Notice was last updated in September 2021.