Information on the processing of personal data of candidates participating in the recruitment process
The Controller of your personal data is Polcom Modular Sp. z o.o. based in Topole, address: Topole 68, 89-600 Chojnice, Poland, phone number +48 523985107, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk – Północ in Gdańsk, VIII Commercial Department of the National Court Register under the number: 0000747253 , with TIN number: 7010850809, National Business Registry Number: 381223093, with share capital in the amount of PLN 5,005,100.00, hereinafter referred to as the “Controller“.
You have the right to access data, rectify data, request its removal, as well as the right to limit processing, data transfer and object to the processing of personal data.
You also have the right to lodge a complaint to the supervisory body, which in Poland is the President of the Office for Personal Data Protection, if the data is processed in breach of legal requirements.
The data will be processed in order to recruit for the job or to conclude a civil law contract with the Controller. If voluntary and optional consent is given, the data will also be processed for the purposes of future recruitment conducted by the Controller.
You will not be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects on you or similarly significantly affects your situation.
Providing data:
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by a candidate for a job, to the extent specified in art. 221 § 1 and 2 of the Labor Code, is a statutory obligation and the consequence of not providing them will be the inability to participate in recruitment. In the remaining scope, providing data is voluntary;
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by the candidate for co-worker is voluntary, however, the consequence of not providing them will be the inability to participate in recruitment.
The legal basis for data processing is:
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in the case of recruitment for a job:
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Article. 6 (1c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter: GDPR, in connection with art. 221 of the Labor Code to the extent necessary to fulfill the Controller’s legal obligations;
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Article 6 (1f) of GDPR, i.e. the Controller’s legitimate interest in:
– searching for employees and conducting recruitment procedures aimed at employing an employee whose qualifications best meet the Controller’s needs,
– in connection with art. 222 of the Labor Code -consisting in ensuring the safety of candidates participating in recruitment, protection of property or keeping confidential information, the disclosure of which could expose the Controller to damage;
– pursuing, establishing or defending against claims;
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Article 6 (1a) of GDPR – if you consent to the processing of data for the purposes of future recruitment and in the case of providing data other than required under applicable law (e.g. image, interests). The consent may be expressed by making a statement or providing data to the employer on its own initiative;
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Article 9 (2a) of GDPR in connection with Article 221b of the Labor Code – if the application documents contain special category data, referred to in art. 9 (1) of GDPR (e.g. on health status, disability) and you agree to their processing.
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in the case of recruitment for co-workers:
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Article. 6 (1b) of GDPR to the extent necessary to take action to conclude a civil law contract;
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Article 6 (1c) of GDPR – to the extent necessary to fulfill the legal obligations imposed on the Controller;
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Article. 6 (1f) of GDPR, i.e. the Controller’s legitimate interest, consisting in:
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– searching for co-workers whose qualifications best meet the Controller’s needs and conducting recruitment procedures aimed at establishing cooperation;
– ensuring the safety of candidates participated in the recruitment, protection of property or keeping confidential information, the disclosure of which could expose the Controller to damage (in terms of visual monitoring);
– pursuing, establishing or defending against claims;
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Art. 6 (1a) of GDPR – if you consent to the processing of data for the purposes of future recruitment;
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art. 9 (2a) of GDPR – if the application documents contain data of a special category data, referred to in art. 9 (1) of GDPR (e.g. on health status, disability) and you agree to their processing.
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To the extent that data are processed on the basis of separate consent, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of data processing that was carried out before withdrawal.
The recipients of personal data may be:
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entities supporting the recruitment process, including employment agencies,
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temporary employment agencies,
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companies associated with the Controller by capital,
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entities providing audit services,
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entity providing cloud services,
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entities providing software used by the Controller,
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entities providing IT and hosting services.
Due to capital connections with other companies and IT systems and tools used by the Controller, your data may or will be transferred outside the European Economic Area. If, therefore, the transfer of your data outside the European Economic Area is necessary, it will take place on the legal basis provided for in the GDPR. You may obtain further information at any time by contacting us.
Personal data will be processed until the recruitment process is completed. After the recruitment process is completed, your data may be processed in order to enable the Controller to defend against any claims related to the recruitment process or to pursue such claims (and there are reasons to believe that it is likely that such claims will be made), but not longer than until the statue of limitation period these claims.
In the case of expressing a separate consent to the processing of data for the purposes of future recruitments, the data will be processed until the end of these recruitments or until the consent for data processing is withdrawn, but not longer than for a period of 12 months.
For reasons related to your particular situation, you have the right to object to the processing of personal data if the Controller processes personal data on the basis of legitimate interests.
September 21, 2020