DATA OF CANDIDATES FOR WORK.

RODO information clause for job candidate

1. administrator
2. contact the administrator
3. purposes and legal basis for processing
4 Data recipients
5. processing outside the EEA
6. data retention period
7 Rights of data subjects
8. right to withdraw consent
9. right to lodge a complaint with the authority
10. voluntariness of providing data
11. profiling

1. administrator

The Administrator of the Employee’s personal data is the Employer, MAGNICITY WARSAW spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (address: ul. Złota 59, 00-120 Warsaw), entered in the register of entrepreneurs kept by the District Court for the City of Warsaw in Warsaw, XII Economic Department of the National Court Register, under the number 0001043051, REGON 525637863, NIP 5252961210.

2. contact the administrator

The Administrator can be contacted by postal mail at the registered office address indicated above or by email at info@highlinewarsaw.com.

3. purposes and legal basis for processing

Your personal data will be processed for the following purposes, based on the following legal grounds: a. for recruitment purposes, which includes contact: i. in the case of employment based on an employment contract, as it is necessary for the performance of obligations under the law; such processing includes the following personal data: (names) and surname, date of birth, contact details indicated by the candidate, education, professional qualifications, history of previous employment (based on Art. 6(1)(c) of the DPA in connection with Article 22, cf. 1 § 1 of the Labor Code) and, to a greater extent than indicated above, on the basis of voluntary consent, which the Administrator considers to be the sending of a resume and/or cover letter or the filling out of a recruitment form and the submission of them on the candidate’s own initiative (Article 6(1)(a) of the DPA); ii. in the case of employment based on a civil law contract, as it is necessary to take pre-contractual action at the request of the candidate(s) (Article 6(1)(b) of the DPA); iii. in the case of employment of a foreigner based on an employment contract or a civil law contract, in addition to the grounds indicated under lit. a and b above, also for the purpose of verifying the legality of the employment or for the purpose of carrying out the employment legalization procedure due to the Administrator’s obligation under the provisions of the Act on Foreigners, the Act on Employment Promotion and Labor Market Institutions and the Act on the Consequences of Entrusting Work to Foreigners Unlawfully Present on the Territory of the Republic of Poland (Article 6(1)(c) of the DPA) and because it is necessary for the conclusion and performance of the contract (Article 6(1)(b) of the DPA); b. for the purpose of conducting future recruitment processes on the basis of the candidate’s voluntary consent, if given (Article 6(1)(a) of the DPA); c. archiving of documentation and communications, including correspondence produced by the Administrator in the course of its business activities, due to its legitimate interest, which is the necessity to document evidence of its activities, among other things, in accordance with applicable regulations, and the use of archived material for the purpose of investigating, establishing or defending against claims (Article 6(1)(f) RODO).

4 Data recipients

The Administrator has the right to transfer your personal data to other recipients if it is necessary to achieve the purpose of processing, i.e.: entities that provide IT support services to the Administrator, including IT systems maintenance and servicing, data hosting and cloud services, our authorized employees and associates, postal and courier operators, law firms, auditors, banks, insurers, cooperating recruitment agencies and administrators of recruitment portals e.g.. e-recruiter, pracuj.pl, linkedin; entities responsible for archiving or destroying data, in the case of candidates from the management level – companies in the capital group for internal administrative purposes (based on Article 6(1)(f) of the RODO).

5. processing outside the EEA

At some stage of processing, your personal data may be transferred to a third country (i.e., a country outside the European Economic Area). Such transfer of your personal data may take place on the basis of standard safeguard clauses (based on Article 46(2)(c) and (d) of the RODO) or on the basis of another mechanism that is lawful and legalizes such transfer and will provide adequate guarantees for the protection of personal data in accordance with the applicable legal provisions in this regard. The transfer to the United States is based on the decision of the European Commission dated 10/07/2023, finding an adequate level of personal data protection provided under the EU-US data protection framework (Article 45 RODO).

6. data retention period

Personal data will be processed for 6 months from the date of submission of the recruitment application, during which time the data will be anonymized. In the case of consent for future recruitment, personal data will be processed until the candidate withdraws his/her consent to the processing of personal data, but for no longer than 12 from the submission of the recruitment application.

7 Rights of data subjects

You have the right to request from the Administrator access to personal data concerning you, rectification, erasure, restriction of processing and data portability. You have the right to object to the processing of your personal data for the purpose of pursuing the legitimate interests of the Controller, whereby the right to object will not be exercised if there are valid legitimate grounds for processing that override your interests, rights and freedoms.

8. right to withdraw consent

You have the right to withdraw your consent at any time, as long as the processing is based on the consent previously given; withdrawal of consent to data processing does not affect the lawfulness of the processing carried out on the basis of the consent given before its withdrawal.

9. right to lodge a complaint with the authority

You have the right to complain about the actions of the Administrator to the competent supervisory authority, in particular in the country of your habitual residence, your place of work or the place where the alleged violation was committed. In Poland, the supervisory authority is the President of the Office for Personal Data Protection.

10. voluntariness of providing data

Your provision of personal data is voluntary. Failure to provide data will result in inability to participate in the recruitment process. If you fail to provide data processed on the basis of consent, this fact will not affect your participation in the recruitment process and selection of the candidate.

11. profiling

Automated decision-making, including profiling, will not be undertaken with respect to you.