Personal Data Controller
The controller of the personal data, i.e. the entity responsible for processing the data provided by the Candidate, is Selvita S.A. with its principal office at 14 Bobrzyńskiego Street, 30-348 Kraków (“Selvita”).
Sources of personal data
Selvita may have received personal data on Candidates in one of the following ways:
- directly from the Candidate,
- through a person recommending a candidate for employment with Selvita,
- through recruitment agencies cooperating with Selvita,
- from publicly available sources, such as social media sites (LinkedIn, Goldenline).
Categories of data processed
Selvita processes different categories of a candidate’s personal data depending on the manner in which they are acquired.
In the case of Headhunting, i.e. when Selvita proactively contacts an employee, e.g. via the LinkedIn portal, Selvita processes Candidate’s:
- first name
- e-mail address,
- telephone number
- internet address of the social networking site profile
or some of the above data, depending on which categories the Candidate makes publicly available on his/her profile.
When a Candidate sends Selvita a resume, Selvita processes the following categories of Candidate’s data:
- first name,
- date of birth,
- place of birth,
- address of residence,
- registered address,
- mailing address,
- e-mail address,
- telephone number,
- education – type,
- name of completed school,
- dates of education,
- employment history – name of employer,
- dates of employment,
- positions held,
- in case of the need to legalize the stay of foreigners – also the data from the identification document.
Purpose of data processing
Selvita processes Candidates’ personal data for the following purposes:
- conducting recruitment, including negotiation of terms and conditions of employment;
- counteracting discrimination, including in the employment process itself;
- fulfilment of formal requirements for restricting the employment of specific persons;
- searching for candidates in publicly available sources, e.g. on social networks, in order to establish contact with the Candidate and invite him/her to take part in the recruitment process;
- arranging travel and accommodation of the Candidate(s) during the recruitment process;
- support in obtaining visas necessary for participation in the recruitment process;
- handling complaints, requests and proposals submitted in relation to the recruitment process;
- operating a job candidate referral program;
- documenting the processing of personal data for the purposes of the Regulation on the Protection of Personal Data (RODO).
Legal basis for data processing
Personal data are processed on the basis of Polish national law, i.e. Article 221 and Article 183a § 1 of the Labour Code. In this regard, providing personal data is necessary for the purpose of negotiating terms and conditions of employment.
At the same time, the basis for the processing of Candidates’ personal data is European Union law, i.e. Article 6 (1) (a), (b) and (f) of the General Data Protection Regulation of 27 April 2016. (“GDPR”). Personal data are processed for the purpose of and on the basis of:
- necessary to take action prior to the conclusion of a contract, e.g. to conduct discussions on the Candidate’s remuneration or other working conditions;
- to pursue Selvita’s legitimate interests (see points above);
- the consent granted by the Candidate for the processing of personal data, especially in the case of processing of personal data beyond the scope of data required by the binding law.
Where the Candidate is already employed by Selvita and applies for another position as part of an internal recruitment, the Candidate acknowledges that Selvita may use his/her personal data from the employee file to supplement the information presented by the Candidate in the job application. In such a case, the purpose of the processing of the Candidate’s personal data changes – therefore, the Candidate is obliged to provide appropriate consent to the processing of his/her personal data not only for the purpose of concluding a contract of employment, but also for the purpose of recruitment and negotiation of terms and conditions of employment.
A candidate may request:
- access to the data,
- rectification of the data:
- when the data is incorrect or incomplete,
- erasure of the data:
- when the data are no longer necessary for the purposes for which they were processed,
- when the Candidate withdraws his/her consent for the processing of the data,
- when the Candidate previously objects to the processing of personal data,
- when the data are processed unlawfully,
- when the data must be erased in order to comply with an obligation under the law
- limitation of processing:
- when the data is inaccurate – for the duration of Selvita’s verification of the correctness of the data,
- if the data are no longer required by Selvita, but may be necessary for the candidate for the purposes of protecting his/her rights or asserting claims,
- in case the Candidate objects to the processing of personal data – for the period of time for which the objection is considered,
- transfer of data,
- not to be subject to automated decision-making, including profiling.
In addition, the Candidate has the right to object to Selvita’s processing of his/her personal data if the data is processed on a valid legal basis, but the Candidate’s particular situation justifies the objection.
If the Candidate has consented to the processing of personal data, the consent may be revoked at any time.
The Candidate has the right to lodge a complaint regarding the processing of personal data to the President of the Personal Data Protection Office (for citizens of the Republic of Poland) or to another competent data protection authority in the country of the Candidate’s nationality.
If the Candidate gives his/her consent, his/her personal data for the purposes of current or future recruitment may be made available to the following entities:
- Selvita Capital Group companies,
- recruitment agencies,
- entities engaged in organizing the Candidate’s travel and accommodation.
If the Candidate applies for a job offer in the Selvita Capital Group, for the purposes of the recruitment process the Candidate should express their consent to their data being disclosed to Selvita Capital Group companies.
Personal data storage duration
Selvita will process the Candidate’s personal data for the period necessary to carry out the recruitment process, i.e. until its completion, and thereafter for the period required by law or for the purpose of fulfilling Selvita’s legitimate interest, i.e. for the protection against possible claims related to the recruitment process.
In case the Candidate agrees to the processing of personal data:
- beyond the scope of data required by the law in force, or
- for the purposes of future recruitment processes, including those carried out by Selvita Group companies,
the Candidate’s personal data will be processed until the Candidate withdraws their consent to data processing, however, no longer than for the period of 3 years starting from the Candidate’s application for the recruitment process or until the withdrawal of their consent, whichever comes first.
Automated processing and profiling
The Candidate’s personal data may be subject to profiling to determine the Candidate’s aptitudes, qualifications, and skills to perform the tasks of a specific job position, without any legal effect on the Candidate, and the Candidate has the right to object to the profiling at any time, in writing or electronically.
The Controller can be contacted at the following address: 14 Bobrzyńskiego Street, 30-348 Kraków, via e-mail: email@example.com or by phone: +48 12 297 47 00.