Terms and Information Relating to Personal Data Processing – Job applicants
The company PROCUS s. r. o., Reg. No.: 35 757 230, with its registered office at Bukovinská 3, 831 06 Bratislava, City Court Bratislava III, Section: Sro, Insert No.: č. 18239/B (“Company“) as a personal data controller collects and processes personal data of data subjects pursuant to 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 (hereinafter as “GDPR”) and with regard to Act No. 18/2018 Coll. on personal data protection and on amendments to certain acts (hereinafter as “APDP”).
The below table presents the purposes of processing of personal data (hereinafter also referred to as “PD”) and clearly identifies the category of data subjects, legal basis for personal data processing, categories of processed PD as well as the period for which the PD shall be stored and processed by the Company.
Purpose of personal data processing | Legal basis for personal data processing | Data subjects | Processing period | Recipients | |
---|---|---|---|---|---|
1 | PERSONAL AGENDA – JOB APPLICANTS |
Processing is necessary according to Art. 6 section 1 letter b) of the GDPR (CONTRACTUAL AND PRECONTRACTUAL RELATIONSHIPS) so that on the basis of the data subject measures are taken prior to conclusion of the contract the party of which shall be the data subject Processing is according to Art. 6 section 1 letter c) of the GDPR (STATUTORY OBLIGATION) also required to fulfil the statutory obligation of the controller (Act No. 311/2001 Coll., the Labour code and related legislation) |
Job applicants (i.e. persons who expressed their interest in becoming an employee of the controller based on a recruitment process organized by the controller as potential employer for a specific position) | During the recruitment process and until the lapsing of 2 months following the first day of a calendar year following the year in which the recruitment process was concluded | Subjects to whom the provision of personal data by controller applies based on legislation, company ensuring tests of work capability (in case the respective position requires such test), personal agency, company operating webpage containing job vacancy and traineeship advertisements, expert consultants and advisors bound by statutory and/or contractual confidentiality |
2 |
PERSONAL AGENDA – GENERAL AND COMPENSATION RELATED Note: The purpose is the performance of employer´s obligations relating to employment and similar relationship |
Processing is necessary according to Art. 6 section 1 letter b) of the GDPR (CONTRACTUAL AND PRECONTRACTUAL RELATIONSHIPS) for the purpose of fulfilment of a contract the party of which is the data subject Processing is according to Art. 6 section 1 letter c) of the GDPR (STATUTORY OBLIGATION) also required to fulfil the statutory obligation of the controller (Act No. 311/2001 Coll., Act No. 5/2004 Coll., Act No. 43/2004 Coll., Act No. 286/1992 Coll., Act No. 595/2003 Coll., Act No.650/2004 Coll., Act No. 5/2004 Coll., Act No. 461/2003 Coll., Act No. 152/1994 Coll., Act No. 580/2004 Coll., Act No. 95/2002 Coll., and related legislation) Processing is necessary according to Art. 6 section 1 letter f) of the GDPR (LEGITIMATE INTEREST) for the purpose of legitimate interest followed by the controller |
Employees, close persons, former employees, job applicants | Personal files of employees for a period of 70 years following the date of birth, agreements on performance of works, social and medical care, pay slips, declaration for salary tax for a period of 10 years after the lapsing of the term to which it pertains, attendance records, material liability of the employee for a period of 5 years after the respective event | Employee, Labour inspectorate, auditor and other subjects to whom the provision of personal data by controller applies based on legislation, company providing salary software, company providing tax advisory, personal agency, expert consultants and advisors bound by statutory and/or contractual confidentiality, company providing administrative and accounting services |
3 | JOB APPLICANT DATABASE | Processing is necessary according to Art. 6 section 1 letter f) of the GDPR (LEGITIMATE INTEREST) for the purpose of legitimate interest followed by the controller | Job applicants, i.e. persons who expressed their interest in becoming an employee of the controller based on a recruitment process organized by the controller as potential employer for a specific or any position (including outside of the actual recruitment process) | 3 years following the year in which the communication was concluded | Subjects to whom the provision of personal data by controller applies based on legislation, company ensuring tests of work capability (in case the respective position requires such test), personal agency, company operating webpage containing job vacancy and traineeship advertisements, expert consultants and advisors bound by statutory and/or contractual confidentiality |
4 | LITIGATION, EXECUTION AND CLAIMS AGENDA | Processing is necessary according to Art. 6 section 1 letter c) of the GDPR – necessary for the performance of STATUTORY OBLIGATIONS of the controller in accordance to Act. No. 160/2015 Coll., Act. No. 244/2002 Coll., Act. No. 301/2005 Coll., Act. No. 7/2005 Coll., Act. No. 38/1993 Coll., Act. No. 162/2015 Coll., Act. No. 233/1995 Coll., and related legislation | Parties to the litigation, participants to the proceedings and other related persons | 10 years following the final legally valid conclusion of the respective proceeding | Courts, executors, attorneys and other public authorities and subject to whom the provision of personal data by controller applies based on legislation, expert consultants and advisors bound by statutory and/or contractual confidentiality |
5 | DATA SUBJECT RIGHTS CLAIMS | Processing is necessary according to Art. 6 section 1 letter c) of the GDPR – necessary for the performance of STATUTORY OBLIGATIONS of the controller in accordance to the GDPR and the APDP and related legislation | Natural persons exercising data subject rights | 5 years following the year in which the claim was handled | Subjects to whom the controller provides personal data based on legislation, expert consultants and advisors bound by statutory and/or contractual confidentiality |
6 |
PROVISION OF PERSONAL DATA TO PUBLIC AUTHORITIES BASED ON THEIR REQUEST Note: Provision of personal data based on a request of public authority e.g. in case authority active in criminal proceeding requests camera recordings, however not for a purpose related to Procus |
Processing is necessary according to Art. 6 section 1 letter c) of the GDPR – necessary for the performance of STATUTORY OBLIGATIONS of the controller in accordance to Act No. 171/1993 Coll., Act No. 160/2015 Coll., Act No. 370/1990 Coll. and related legislation | Natural person whose personal data is requested by public authorities | 5 years following the year in which the request was processed | Subjects to whom the provision of personal data by controller applies based on legislation, company providing technical support, expert consultants and advisors bound by statutory and/or contractual confidentiality |
7 | REGISTRY OF RECEIVED AND SENT POST | Processing is necessary according to Art. 6 section 1 letter f) of the GDPR (LEGITIMATE INTEREST) for the purpose of legitimate interests of the controller | Natural persons – senders and recipients of post and persons whose personal data is contained in the respective deliveries | 10 years following the year to which it pertains | Subjects to whom the provision of personal data by controller applies based on legislation, expert consultants and advisors bound by statutory and/or contractual confidentiality, company providing administrative and accounting services |
The Company shall not disclose personal data to any third parties other than required by law or under these terms for personal data processing.
Unless the above table provides otherwise, the Company shall not transfer personal data to third countries (outside of the European Union/European Economic Area). In case personal data is transferred to third countries, such transfer shall occur only at limited instances, the process shall only apply to a limited number of data subjects and shall in no case include more data than the following – data subject´s name, surname, contact information and passport copy.
The Company shall not process personal data for the purposes of automated decision-making, including profiling.
If any of the purposes of processing has a contract as the legal basis for personal data processing, provision of such data represents a contractual requirement for performance under the respective contract. In case such data is not provided, neither can the contractual relationship be concluded, nor can the performance under the contract take place. If the legal basis for personal data processing is a law, provision of such data shall be a legal requirement. In case such data is not provided, the Company cannot duly perform its duties arising from the relevant general legislation.
The Company obtains personal data primarily from data subjects. The Company may also obtain personal data from public sources and registers, or from third parties, mainly regarding conclusion or performance of a contract. In case the Company is provided with personal data from a person different from the data subject, by providing such data the provider confirms that the data subject whose data is provided to the Company has given consent to process its personal data within the meaning hereof and pursuant to Section 78 (6) of APDP.
The data subject shall have mainly the following rights relating to its personal data processing:
- Based on its application, request from the Company to issue a confirmation whether its personal data is being processed, under what conditions, including the scope, purpose and period of the processing thereof, as well as information on the source of obtaining the personal data in question;
- Based in its application, request from the Company to correct incorrect or outdated personal data and/or complete the incomplete personal data;
- Based in its application, request from the Company to erase/destruct personal data, if:
- the personal data is not required for the purpose they were obtained or otherwise processed,
- in case the personal data have been processed based on a consent and such consent has been withdrawn, while there is no other legal basis for personal data processing or other legal exception;
- if the data subject objects personal data processing based on a legitimate interest and no legitimate reasons for processing prevail, or the data subject opposes direct marketing;
- personal data is unlawfully processed;
- the personal data shall be erased for compliance with a legal obligation;
- Based in its application, request from the Company to restrict personal data processing, if:
- the data subject objects the correctness of personal data during the period that shall enable the Company to verify the correctness of personal data;
- the personal data processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the Company does not need such personal data for the purpose of their processing, but the data subject needs such data to exercise their legal claim;
- Based in its application request from the Company the personal data provided to the Company relating to the data subject, and if it is technically feasible and the processing is carried out by automated means, the data subject is also entitled to transfer such personal data to another controller.
- Withdraw its consent, in case the legal basis for personal data processing is consent;
- Object to personal data processing relating to the data subject and carried out either (A) on the basis of performance of a task in the public interest or (B) based on the legitimate interest of the Company as the controller in personal data processing, including objecting to profiling on the given legal bases (in cases where the Company performs profiling based on automated decision-making);
- file an application to initiate proceedings at the Office for Personal Data Protection of the Slovak Republic.
The data subject shall be entitled to submit its applications in connection with the above rights at procus@procus.com or in the form of a registered letter delivered to the Company to the address specified in the first section of these terms. The e-mail/letter shall contain an explicit remark “PERSONAL DATA“.
Responses to the above applications of the data subject or measures taken upon such applications shall be provided by the Company free of charge. If an application of the data subject is manifestly unfounded or inappropriate, mainly due to its repeated nature (a repeated application), the Company shall be entitled to charge a fee taking into account its administrative costs for the provision of information, or a reasonable fee taking into account its administrative costs of notification and/or costs of implementation of the requested measure, or shall be entitled to refuse to act upon such application.
In case of doubts as to compliance with the obligations relating to personal data processing, you may contact the Company directly at procus@procus.com. You may also file a complaint to the Office for Personal Data Protection of the Slovak Republic, registered office at Hraničná 12, 820 07 Bratislava 27, e-mail: statny.dozor@pdp.gov.sk, www: https://dataprotection.gov.sk/.