The privacy statement for candidates
1. PURPOSE AND SCOPE
1.1. Pursuant to the requirements of GDPR and other legislation regulating data protection, this Privacy Statement for Candidates contains information on how the Group Company’s process personal data of natural persons who participate in personnel selections.
1.2. The provisions of the Privacy Statement for Candidates shall apply to natural persons who participate in the personnel selection(s) announced by a Group Company.
2.1. Terminology and abbreviations used in this Privacy Statement for Candidates have the following meanings:
2.1.1 Personal Data shall mean any information related to a natural person who can be identified directly or indirectly (e.g., name, surname, contact details, etc.).
2.1.2 Person shall mean a natural person (data subject) the data of whom is being processed (e.g., employees, Candidates, interns who contact the Company, submit applications, requests, Candidates participating in selections, etc.).
2.1.3 GDPR shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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).
2.1.4 Data Processing shall mean any operation which is performed on personal data of the Person (e.g., collection, recording, storage, giving access, transferring, etc.).
2.1.5 Group shall mean AB “Ignitis grupė” and the legal entities it controls directly or indirectly.
2.1.6 Company shall mean a company of AB “Ignitis grupė” group of companies (controller) which is announced a selection for a position the Candidate applied to.
2.1.7 Candidate shall mean the Person who participates in personnel selection.
2.2. Other terminology used in the Privacy Statement shall be understood as it is described in the legislation regulating the protection of personal data (GDPR, Law on Legal Protection of Personal Data of the Republic of Lithuania and others).
3. OBJECTIVES AND LEGAL GROUNDS OF PERSONAL DATA PROCESSING
3.1. The Company shall process the Personal Data only for particular purposes and on the grounds laid down in the legislation when:
3.1.1. it is necessary to process the data in order to conclude and/or carry out the agreement concluded with a Person;
3.1.2. the Person has given consent to process his or her data for one or several specific purposes;
3.1.3. the Company must process Personal Data while following legislation requirements;
3.1.4. Personal Data must be processed pursuant to legitimate interests of the Company.
3.2. Principle objectives pursued by the Company while processing Personal Data are the following:
3.2.1. Resolving submitted questions. The Company shall process the Personal Data when examining and resolving submitted questions, claims on the grounds of the agreement, consent or requirements of the legislation.
3.2.2. Carrying out personnel selection procedures. The Company shall process Personal Data when Persons submit their curriculum vitae (CV) or other information as they participate in selections for the positions announced by the Company, or as they wish to carry out their internship on the grounds of consent.
3.2.3. Verifying if Candidates have impeccable reputation. The Company shall process Personal Data when verifying impeccable reputation based on legitimate interests or legislation requirements.
3.2.4. Concluding and carrying out employment agreements. The Company shall process Personal Data when concluding and on the basis of intention to conclude an employment agreement or carry out the employment agreement concluded with a Candidate;
3.2.5. In each case, the Company organising a selection for a specific position shall be considered as the controller of the Candidate’s data, and UAB “Ignitis grupės paslaugų centras” shall be considered as processor.
3.3. In all of the cases provided above, the Company shall process Personal Data only as far as it is necessary to obtain respective, clearly defined and legitimate purpose with regard to the requirements of the protection of personal data.
4. PERSONAL DATA PROCESSING SCOPE (CATEGORIES)
4.1. The main Personal Data categories and the data which is processed by the Company for the reasons mentioned above are the following:
4.1.1. identification data – name, surname, date of birth, etc.;
4.1.2. contact information – address, phone number, email, etc.;
4.1.3. professional data – education, qualifications, professional skills, business traits, etc.;
4.1.4. other data processed by the Company on the grounds laid down in the legislation.
5. CANDIDATE DATA PROCESSING FOR PERSONNEL SELECTION PURPOSES
5.1. The Company shall process Candidates’ Personal Data in order to evaluate if the Person is eligible to hold the office or perform the job functions.
5.2. Personal Data provided by the Person to the Company when sending his or her curriculum vitae (CV) and other information with the intention to participate in a selection for a job position or an internship in the Company or another Group Company shall be stored and used in the selections announced by the Group for the next 2 (two) years after the evaluation of the Person’s candidacy (both successful and unsuccessful) until the Person makes a voluntary decision not to participate in the selection or withdraws his or her consent to process such data. It must be noted that, if the Person has re-submitted his or her candidacy within 2 years, the term for storing Personal Data shall be calculated from the evaluation of the last candidacy.
5.3. The data of the Persons who submit their candidacy to more than one ongoing selection, i.e., the Person’s applications to all positions, are visible to the persons carrying out the selections. The data shall be processed (available in the system) for as long as Candidate’s other Personal Data are also being processed, depending on the submission of his or her consent or until the Person withdraws his or her consent to Personal Data processing.
5.4. The Persons who expressed their willingness to participate in selections for a job position or an internship announced by the Group shall be responsible for transferring their data to the Company and shall have unrestricted right to manage this data, i.e., the Candidate has the right to/may at any time perform the following actions in the account created in the Candidate portal in the SmartRecruiters system:
5.4.1. consent/withdraw the consent to use his or her Personal Data during the selections carried out in the Company when applying for a specific job position in a Group Company;
5.4.2. access and edit the information the Candidate has provided by logging into the Candidate portal in the SmartRecruiters system;
5.4.3. download the information the Candidate has provided by logging into the Candidate portal in the SmartRecruiters system;
5.4.4. delete his or her account and all the information provided for the selections carried out in the Company and from the database of SmartRecruiters system by logging into the Candidate portal in the SmartRecruiters system.
5.5. It must be noted that for the Person to be eligible to participate in the selections announced by the Company(-ies), he or she must consent to the processing of Personal Data concerning him or her as a Candidate by marking that he or she has read and understood the Privacy Statement of the Company.
5.6. The Person who did not give consent to use his or her Personal Data in the announced selections will be asked to give his or her consent. The Candidate must give his or her consent to use the Personal Data concerning him or her in the selections carried out by the Group Companies within 30 (thirty) calendar days from the dispatch of the notice to the Candidate.
5.7. The reminder of the request to give the consent to use the Personal Data concerning the Candidate in the selections carried out shall be sent twice:
5.7.1. 7 (seven) days before the aforementioned time limit expires;
5.7.2. 48 (forty-eight) hours before the aforementioned time limit expires.
5.8. It must be noted that in event the Candidate does not respond within 30 (thirty) calendar days from the dispatch of the notice, his or her data will be automatically deleted from the databases of the selections carried out by the Group Companies and from the database of the SmartRecruiters system.
5.9. The Company has a recommendation system established where employees of the Group Companies can provide information on potential Candidates. The employee who recommends a Candidate undertakes to inform the potential Candidate about submission of the Personal Data concerning him or her to the Company. After a potential Candidate has been recommended, he or she shall receive an automated email containing the request to use the Personal Data concerning him or her in the selections carried out by the Group Companies.
5.10. The Group Companies follow the principles of transparency, impartiality, zero tolerance to corruption, thus one of the requirements set out for the Candidates is impeccable reputation. For this purpose, the Company collects publicly available Personal Data related to the issue of impeccable reputation of the Candidate who is eligible to hold office or carry out job functions. In order to perform due diligence of the Candidates who receive an offer to conclude an employment agreement, we request the Candidates to submit the following Personal Data: name, surname, date of birth, when Personal Data are collected based on legitimate interests. The Company shall process, in the scope and on the basis of legislation requirements, Personal Data of the Candidates who receive an offer to conclude an employment agreement regarding a position with a high-level risk of corruption or a strategic position. The Personal Data of Candidates collected for the purposes of verifying impeccable reputation shall be stored for 10 years after the agreement expires. We will conclude an employment agreement with the candidate only after we receive a positive conclusion on the impeccable reputation of the Candidate.
5.11. For the purposes of personnel selection, the Company may collect Personal Data concerning the Candidate who is eligible to hold office or perform job functions related to qualification, professional skills and business-related qualities from the previous employer by informing the Candidate thereof, and from the current employer – only after receiving the permission from the Candidate.
6. CANDIDATE DATA PROCESSING FOR THE PURPOSE OF IMPROVING THE SELECTION PROCESS QUALITY
6.1. In order to improve the quality of selection process, the Company shall ask the Candidate for feedback on experience of participating in the selection process by sending a survey to the email provided by the Candidate.
6.2. Candidate Personal Data for the purpose of carrying out the survey shall be processed based on providing consent. Candidate’s data shall be processed for 2 (two) years after consent has been given, or until the Candidate withdraws his or her consent to processing such data. Candidates shall have the right to withdraw their consent at any time without providing a motive by clicking ‘unsubscribe’. Withdrawing the consent shall not affect the legitimacy of data processing which was carried out based on the consent before the consent was withdrawn.
7. CANDIDATE DATA PROCESSING FOR THE PURPOSE OF SENDING NOTICES WITH JOB OFFERS
7.1. The Company shall provide an opportunity for the Candidate to subscribe notices about new job offers.
7.2. Candidate’s Personal Data shall be processed based on provided consent to receive job offers. Candidates shall have the right to withdraw their consent at any time without providing a motive by clicking ‘unsubscribe’. Withdrawing the consent shall not affect the legitimacy of data processing which was carried out based on the consent before the consent was withdrawn.
8. OBTAINING PERSONAL DATA
8.1. The Company shall process Personal Data submitted by the Persons themselves or the Company shall obtain it from other sources, such as:
8.1.1. after employees of the Group recommend the Candidate;
8.1.2. from social networks for professionals (e.g., Linkedin, etc.);
8.1.3. state, law enforcement authorities (only for positions with a high-level risk of corruption or strategic positions);
8.1.4. third parties (e.g., current and/or previous employer of the Candidate), etc.
8.2. In all cases mentioned above the Company shall process Personal Data insofar it is necessary pursuant to the grounds of the agreement, consent, legislation or legitimate interests of the Company.
9. PROVIDING PERSONAL DATA
9.1. Following the requirements of the legislation, the Company may transfer the processed Personal Data to the recipients of the data under the following categories:
9.1.1 Service Providers. The Company may transfer the processed Personal Data to third parties operating on behalf of the Company and/or under its instructions that provide the Company software licencing, maintenance, employment relationship administration, correspondence and other services in order to ensure proper provision, management and development of the Company’s services. In such cases, the Company shall take the measures necessary to ensure that the engaged service providers (data controllers) manage the submitted Personal Data only for their intended purpose of submission, ensure proper technical and organisational security measures, in accordance with the Company’s instructions and the requirements of the legislation in force;
9.1.2 Group Companies. The Company, following the legislation requirements, may transfer processed Personal Data to other Group Companies in order to properly carry out a selection for a vacant position in the Company or another Group Company.
9.1.3 State, law enforcement and monitoring authorities. The Company may submit the processed Personal Data to government or law enforcement authorities (e.g., the police, the prosecutor’s office, Financial Crime Investigation Service, etc.) when it is obligatory in accordance with the legislation in force or in order to ensure legitimate interests of the Company, employees or third parties;
9.1.4 Other third parties. The Company may submit Personal Data to other recipients of the data on legal grounds defined in the legislation.
10. APPLIED SECURITY MEASURES
10.1. The Company shall ensure the confidentiality of Personal Data in accordance with the requirements of the legislation in force and the implementation of appropriate technical and organisational measures intended for the protection of Personal Data from illegal access, disclosure, accidental loss, amendment or destruction or other illegal processing.
11. AUTOMATED DECISION-MAKING AND PROFILING
11.1. The Company shall not process Personal Data based on automated processing, including profiling, as referred to in Article 22 of the Regulation.
12. PERSONAL RIGHTS
12.1. After contacting the Company and confirming his or her identity, the Person has the right to:
12.1.1. access Personal Data concerning him or her processed by the Company;
12.1.2. rectify incorrect, incomplete, inaccurate Personal Data concerning him or her;
12.1.3. erase or stop collecting Personal Data concerning him or her, except for storing, Personal Data processing where it infringes the requirements of the applicable legislation or where the Personal Data are no longer necessary in relation to the purposes for which they are collected or otherwise processed;
12.1.4. receive Personal Data concerning him or her which he or she has provided to a controller in a structured, commonly used, machine-readable and interoperable format;
12.1.5. restrict the processing of Personal Data concerning him or her in accordance with the applicable legislation, e.g., for the period during which the Company will evaluate if the Person has the right to erase Personal Data concerning him or her;
12.1.6. object to processing of the Personal Data concerning him or her and/or, in case the Personal Data are processed on the basis of consent – withdraw his or her consent to process the Personal Data concerning him or her at any time, without affecting the legitimacy of processing based on consent before its withdrawal;
12.2. You may contact us with issues regarding this Privacy Statement for Candidates or Personal Data processing carried out by the Company in writing at Laisvės Ave. 10, LT-04215 Vilnius or by email [email protected].
12.3. Should the issues related to processing of your Personal Data carried out by the Company and/or your rights are not resolved, you also have the right to submit a claim to the monitoring authority – the State Data Protection Inspectorate, [email protected].
13. VALIDITY OF AND AMENDMENTS TO THE PRIVACY STATEMENT FOR CANDIDATES
13.1. This Privacy Statement for Candidates contains key provisions of Personal Data processing. Additional information about how the Company processes Personal Data is available in the agreements, other documents of the Company, on the website www.ignitisgrupe.lt/en or can be provided through remote channels (e.g., by email, etc.).
13.2. Should legislation requirements and/or processes, etc., of the Company change, the Company has the right to amend and/or supplement this Privacy Statement for Candidates unilaterally. The Company will inform about the changes in the Privacy Statement for Candidates by disclosing it on the website www.ignitisgrupe.lt/en. In certain cases, the Company may also inform the Persons about the changes via mail, email or otherwise (e.g., by disclosing it to the press).
14. FINAL PROVISIONS
14.1. The supervision and control of the requirements provided in the Privacy Statement for Candidates shall be ensured by employees carrying out the compliance functions within the Company.
14.2. The Privacy Statement for Candidates and amendments thereof shall be coordinated with Personal Data Protection Expert at AB “Ignitis grupė”.