INFORMATION CLAUSE FOR A RECRUITMENT PARTICIPANT

Hereby, in the interests of the security of your personal data, and of the rights which you are entitled to, complying with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regards to the relation to the processing of personal data and on the free movement of such data and repealing of Directive 95/46/EC (in the text, as “GDPR”), I would like to update and complement the information and the details of the processing of your personal data.

1. THE ADMINISTRATOR

The controller of your personal data is Biznes Up Egberss Kocel Sikorski with its registered office in Obłaczkowo 11c, 62-300 Wrzesnia, entered in the register of Entrepreneurs of the National Court Register under the number 0000749000, acting under the recruitment company, hereinafter referred to as “Administrator”.

2. RECIPIENT CATEGORIES

This clause is addressed to the participant in the current and future recruitment conducted by the Administrator, hereinafter referred to as “participants”.

3. DATA SOURCE AND CATEGORIES OF PERSONAL DATA.

Personal data have been obtained directly from participants and therefore participants retain full control over their data.

4. BASIS OF PROCESSING, PURPOSES OF PROCESSING, PERIOD OF STORAGE

Legal BasisArticle 6 (a) 1 (a) GDPRParticipant’s consent
TargetParticipant selection-Data given voluntarily (for employment relationship)
Personal data provided by a participant in a range extending beyond the legal obligation shall be deemed to have been filed with the consent for their processing for the purposes of the current recruitment.

Participant Selection – Future recruitment
Conducting the first stage of recruitment – acquisition of application documents and selection of participants. Applies to future recruitment.

Transfer of data to potential employer
After the first stage of recruitment, the selected participants will be presented with the data of the prospective employer and will be asked to consent to transfer of their data to this employer.
Storage timeThe storage period lasts at least as long as the current recruitment or future recruitment (currently up to 12 months).
Legal BaseArticle 6 (a) 1 (b) GDPR Take actions taken at the request of the participant and signing off a contract
TargetParticipant selection (applies to civil law agreements) Selection of participant including when the participant himself initiated the willingness to cooperate (e.g. filed a CV without waiting for the administrator to open recruitment) or selection of participant in the event that when Administrator initiated the recruitment process, when the data provided by the contractor was not required by them (e.g. interests).

Participant description (applies to civil law agreements) Identification and the ability to identify the participant.
Storage timeThe storage period lasts at least as long as the current recruitment or future recruitment (currently up to 12 months).
Legal baseArticle 6 (a) 1 (c) GDPR of art. 221 of the Labor Code Employer’s obligation
TargetParticipant selection (applies to employment relationship) During the time of the recruitment, personal data will be processed on the basis of the employment law (i.e. article 221 § 1 of the Labour Code) in the scope indicated therein, ie: Name of the surname, date of birth, contact details indicated by the participant. The data referred to in the preceding sentence above shall also include data such as education, professional qualifications and the status of existing employment, insofar they are necessary for the performance of a particular type of work or a specific position.
Storage timeThe storage period lasts at least as long as the current recruitment or future recruitment (currently up to 12 months).

5. CATEGORIES OF RECIPIENTS

Your data may be released by the Administrator to:

  1. Employers for whom the Administrator recruits;
  2. Persons authorized by the Administrator on the basis of separate authorization;
  3. The persons to whom the Administrator has entrusted with the processing of personal data based on art. 28 GDPR (e.g. administrator of information system; legal support; entities providing hosting services);
  4. Persons authorized or processing your data as a result of further authorisation or subdelegation;
  5. Entities that do not qualify for the category of persons from paragraphs 1)-4) and act, after disclosure of their data, as a separate administrator (e.g., postal or courier companies).

6. ELIGIBILITY

According to the GDPR, the data subject has the right to:

  1. access to their data and a copy of the data;
  2. rectification (correction) of their data;
  3. erasure of their data;
  4. restriction of data processing;
  5. moving their data;
  6. withdrawal of consent (when the processing is based on consent);
  7. complaint to the relevant supervisory authority.

Ad 3-The Administrator may refuse to delete personal data despite the notification of such request, in case of one of the exceptions mentioned in the GDPR, eg. where data processing is necessary for the establishment, exercise or defence of claims.
Ad 3 and 4-the right to erasure of data and the right to request restriction of processing are only applicable in the cases specified in the GDPR.

Ad 5-The right to data movement is only possible in cases where the legal basis for processing is the consent or performance of the contract (where the processing is carried out in an automated manner).
Ad 6 – Consent to the processing of data can be revoked at any time without affecting the lawfulness of processing.
Ad 7-in Poland the competent authority for bringing proceedings is the President of the Office for Personal Data Protection, address: ul. Stawki 2, 00-193 Warsaw. With regard to the other Member States of the European Union, the supervisory authorities can be found on the page under this link: http://ec.europa.eu/newsroom/article29/item-detail. cfm? item_id = 612080.

7. FAILURE TO PROVIDE PERSONAL DATA AND ITS CONSEQUENCES

Legal basis for processingStatutory requirement/contractual requirement/condition of conclusion of contractobligation to provide dataConsequences of non-disclosure of relevant data
ConsentNonenone-lack of participation in future recruitment
-incapability of providing the data to employer
Legal obligationStatutoryYes-incapability of reviewing the application
-failure of statutory obligation
Taking action at the participant’s request/conclusion of the contractConclusion of the contractNo-incapability of reviewing the application documents;
-the failure to conclude a contract;
-incapability of taking actions requested by participant

8. AUTOMATED DATA PROCESSING

The contractor’s personal data will not be processed in such a way as to make the decision automatically (automated).

9. CONTACT DETAILS

In all mattersrelating to the subject matter of this information clause, includingthe clarification of possible doubts or ambiguities, and above all inorder to exercise its powers, please contact the person responsiblefor Issues related to the security of personal data with theadministrator, i.e.: Biznes Up Egberss Kocel Sikorski General Companywith headquarters in Obłaczkowo 11c, 62-300 Września,biuro@biznes-up.com.pl.

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