Last Update: 25/05/2018
Treatment of personal data in accordance with the provisions of EU Regulation n°2016/679 of April, 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”) and with any other data protection law applicable to the Grand Duchy of Luxembourg (Together “Data Protection Laws”)
ATOZ and all its current and future affiliated Entities (together ATOZ Group) respect your privacy and are committed to protecting the privacy and security of your personal information.
ATOZ is a “data controller”. This means that ATOZ is responsible for deciding how we hold and use personal information about you. You are being sent a copy of this Candidate privacy notice because you are applying for a position with us. This policy provides you with information as to how and why your personal data will be used, namely for the purpose of recruitment, and how long it will usually be retained for. It provides you with certain information that must be communicated by us to you under the Data Protection Laws.
DATA PROTECTION PRINCIPLES
We will comply with Data Protection Laws and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes and not used in any way that is incompatible with those purposes.
- Relevant to the purposes and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes.
- Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
In connection with your application for a position within our company, we will collect, store, and use the following categories of personal information about you:
- The information you have provided to us in your curriculum vitae and covering letter.
- The information you have provided on our application form, including name, title, address, telephone number, personal email address, date of birth, place of birth, gender, employment history, qualifications.
- Feedback from your previous employers and about your past performance and wages, questions about your motivation to be relocated in Luxembourg in cases where applicants come from abroad, discussion about your work permit status, if relevant, and its impact on our onboarding process.
- Test results, internal feedback forms which are completed by all internal and external recruiters in order to assess your technical, linguistic and soft skills.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your health, including any medical condition, and health records.
- Information about criminal convictions and offences.
We never collect information about your race or ethnicity, religious beliefs, sexual orientation and/or political opinions.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates from the following sources:
- You, the candidate.
- Recruitment agencies, from which we collect the following categories of data: Feedback from previous employers, feedback from the recruitment agency itself, information about the salary package, information to explain/justify the candidate's motivations for moving.
- Your named referees, from whom we collect the following categories of data: Name, title, email and phone number of the referee.
- From time to time, a publicly accessible source (linkedin, google, other social media platforms).
HOW WE WILL USE INFORMATION ABOUT YOU
We will use the personal information we collect about you to:
- Assess your skills, qualifications, and suitability for the job.
- Carry out background and reference checks, where applicable.
- Communicate with you about the recruitment process.
- Keep records related to our hiring processes.
- Comply with legal or regulatory requirements.
It is in our legitimate interest to decide whether or not to hire you since it would be necessary to our business to appoint someone to perform that job
We also need to process your personal information in order to decide whether or not to enter into a contract of employment with you.
Having received your CV and covering letter or your application form, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the position. If you do, we will decide whether your application is strong enough to warrant an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether or not to offer you the position. If we decide to offer you the position, we will then check your references and/or carry out any other background check before confirming your hiring.
If you fail to provide personal information
If, when requested, you fail to provide information which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to continue to process your application. For example, if we require references for this job and you fail to provide us with relevant details, we will not be able to take your application further.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
We will use your particularly sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made [during a test or interview].
- We will not use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Why might you share my personal information with third parties?
We will only share your personal information with the following third parties for the purposes of processing your application: [Employees of the firm who will take part of the recruitment process (all recruitment team members of the department to which you have submitted your application. Those recruitment team members will have a hierarchical link with you in case of confirmation of your recruitment. Once the recruitment is final and employment agreement signed, your information will be provided to our fiduciary in order to be able to comply with legal obligations (CCSS, salary payment). All our third-party service providers and other entities in the ATOZ Group are required to take appropriate security measures to protect your personal information in accordance with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach when we are legally required to do so.
How long will you use my information for?
If we decide to not hire you for the position, we will retain your personal information for a period of twenty-four (24) months after we have given you our decision. We retain your personal information for this period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted our recruitment process in a fair and transparent manner. After this period, we will securely destroy your personal information in accordance with our data retention policy or applicable laws and regulations.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you as a candidate, we will write to you separately, seeking your explicit consent to retain your personal information for an extended fixed period on that basis.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your rights in connection with personal information
Under certain circumstances, under Data Protection Laws you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no legitimate reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information in cases where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object when we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please send an email to GDPR@atoz.lu along with valid proof of identification, such as a scanned copy of your national identity card or passport.
RIGHT TO WITHDRAW CONSENT
When you applied for this job, you provided consent to us to allow the processing of your personal information for the purposes of the recruitment process. You have the right to withdraw your consent for processing for this purpose at any time. To withdraw your consent, please contact firstname.lastname@example.org. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely
DATA PROTECTION OFFICER
You have the right to make a complaint at any time to the Commission Nationale pour la Protection des Données (CNPD) which is the Luxembourg supervisory authority for data protection issues (https://cnpd.public.lu/en.html). We would, however, appreciate the chance to deal directly with your concerns, therefore before you approach the CNPD, we kindly request that you contact us first.