Privacy policy for recruitment using Teamtailor
The service for handling recruitments and simplifying the hiring process (the "Service") is powered by Teamtailor on behalf of Mercell ("Controller" “we” “us” etc.). It is important that the persons using the Service ("Users”) feel safe with, and are informed about, how we handle User's personal data in the recruitment process. We strive to maintain the highest possible standard regarding the protection of personal data. We process, manage, use, and protect User's Personal Data in accordance with this Privacy Policy ("Privacy Policy"), in compliance with the EU regulation 2016/679 (“GDPR”), and other applicable privacy regulations.
1. General
In accordance with the applicable legislation Mercell plays the role of Data controller. Team Tailor plays the role of Data processor.
The purpose of the data processing activitiy is to process personal data for managing and facilitating recruitment of employees to Mercell.
2. Collection of personal data
We are responsible for the processing of the personal data that the Users contributes to the Service, or for the personal data that we in other ways collects with regards to the Service.
When and how we collect personal data
We collect personal data about Users from Users when Users;
- Submit an application through the Service or otherwise, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn; and
- Use the Service to connect with our staff, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn.
- Provides identifiable data in the chat (provided through the website that uses the Service) and such data is of relevance to the application procedure;
We collect data from third parties, such as Facebook, LinkedIn and through other public sources. The user is aware that using third parties to submit an application to Mercell also entails the acceptance of the privacy policy and applicable rules of the specific Platform. Therefore Mercell is responsible for the data that is received in the Mercell system, and excludes any data that is stored or processed by the aforementioned platform.
In some cases, existing employees can make recommendations about potential applicants. Such employees will add personal data about such potential applicants. In the cases where this is made, the potential applicant is considered a User in the context of this Privacy Policy and will be informed about the processing.
The types of personal data collected and processed
The categories of personal data that can be collected through the Service can be used to identify natural persons from names, e-mails, pictures and videos, information from Facebook and LinkedIn-accounts, CV, answers to questions asked through the recruiting, titles, work permit, diplomas and educational certificate, work experience, we received also any data you include voluntary through your CV as an attachment, and other information that the User or others have provided through the Service. Only data that is relevant for the recruitment process is collected and processed.
Purpose and lawfulness of processing
The purpose of the collecting and processing of personal data is to manage recruiting. The lawfulness of the processing of personal data is our legitimate interest to simplify and facilitate recruitment.
Personal data that is processed with the purpose of aggregated analysis or market research is always made unidentifiable. Such personal data cannot be used to identify a certain User. Thus, such data is not considered personal data.
The consent of the data subject
The User consents to the processing of its personal data with the purpose of Controller’s handling recruiting. The User consents that personal data is collected through the Service, when Users;
- Make an application through the Service, adding personal data about themselves either personally or by using a third-party source as Facebook or LinkedIn, and that Controller may use external sourcing-tools to add additional information; and
- When they use the Service to connect to the Controller's recruitment department, adding personal data about themselves either personally or by using a third-party source such as Facebook or LinkedIn.
- When adding additional information not related to recruitment process, such as certificate, date of birth, hobbies, among other personal data.
The User also consents to the Controller collecting publicly available information about the User and compiles them for use in recruitment purposes.
The User consents to the personal data being collected in accordance with the above a) and b) will be processed according to the below sections Storage and transfer and How long the personal data will be processed.
The User has the right to withdraw his or her consent at any time, by contacting the Controller using the contact details listed under 9. Using this right may however, mean that the User can not apply for a specific job or otherwise use the Service.
Storage and transfers
The personal data collected through the Service is stored and processed inside the EU/EEA, or such third country that is considered by the European Commission to have an adequate level of protection, or processed by such suppliers that have entered into such binding agreements, or a lawful transferred mechanism that fully complies with the lawfulness of third country transfers or to other supplies where adequate safeguards are in place to protect the rights of the data subjects whose data is transferred. To obtain documentation regarding such adequate safeguards, contact us using the Contact details listed in 9.
How long the personal data will be processed
If a User does not object, in writing, to the processing of their personal data, the personal data will be stored and processed by us for as long as six (6) months with regards to the purposes stated above. Note that an applicant (User) may be interesting for future recruitment and for this purpose we may store Users’ Personal Data until the deadline for deletion is met or if the information is no longer valued for recruitments. If you as a User wish not to have your Personal Data processed for this purpose (future recruitment) please contact us using the contact details in paragraph 9. We sent an opt in request for the candidate to keep the data after the deadline is met. If the data subject wishes Mercell to keep the data longer, he/she shall follow the instruction on the mail.
3. Users’ rights
Users have the right to request information about the personal data that is processed by us, by notifying us in writing, by using the contact details below under paragraph 9 below. Users have the right to
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Withdraw their consent at any time. Users have the right to withdraw consent to the processing of their Personal Data.
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Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
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Access their Data. Users have the right to learn and obtain disclosure regarding certain aspects of the processing and request a copy of the Data undergoing processing.
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Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
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Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, Mercell will not process its Data for any purpose other than storing it.
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Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to request and obtain the erasing of their Data from Mercell processing and service.
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Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract of which the User is part, or on pre-contractual obligations thereof.
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Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
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To request a copy of the processed personal data which belongs to them without any charge. For further demanded copies, Controller has a right to charge a reasonable fee on the basis of the administrative costs for such demand.
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Right to complaint User has the right to lodge a complaint to the supervisory authority regarding the processing of personal data relating to him or her, if the User considers that the processing of personal data infringes the legal framework of privacy law.
4. Security
We prioritise personal integrity and therefore work actively so that the personal data of the Users are processed with utmost care. We take the measures that can be reasonably expected to make sure that the personal data of Users and others are processed safely and in accordance with this Privacy Policy, the GDPR-regulation, and the Confidentiality, Integrity, and availability principles..
Users are aware that transfers of information over the internet and mobile networks entail a risk, so all transfers are made on the potential risk that comes with a person transferring the data. It is important that Users also take responsibility to ensure that their data is protected. It is the responsibility of the User that their login information is kept secret.
5. Transfer of personal data to third party
We will not sell or otherwise transfer Users’ personal data to third parties.
We may transfer Users’ Personal Data to;
- Our Processors (Team Tailor) and Sub-Processors in accordance with our instructions, for the provision of the Service which might entail transfer of data outside the EU/EEA. All the transfer of data is in compliance with chapter V of GDPR and other applicable privacy regulation;
- authorities or legal advisors in case criminal or improper behaviour is suspected; and
- authorities, legal advisors or other actors, if required by us according to law or authority’s injunction.
We will only transfer Users’ personal data to third parties under appropriate legal basis and in compliance with applicable regulation We carefully choose partners to ensure that the User’s personal data is processed in accordance with current privacy legislations. We cooperate with the following categories of processors of personal data;
Teamtailor (Data processors), who supplies the Service, server and hosting companies, e-mail reference companies, video processing companies, information-sourcing companies, analytical service companies and other companies with regards to supplying the Service.
6. Aggregated data (non-identifiable personal data)
We may share aggregated data to third parties. The aggregated data has in such instances been compiled from information that has been collected through the Service and can, for example, consist of statistics of internet traffic or the geological location for the use of the Service. The aggregated data does not contain any information that can be used to identify individual persons and is thus not personal data.
7. Cookies
When Users use the Service, information about the usage may be stored as cookies. Cookies are passive text files that are stored in the internet browser on the User’s device, such as computer, mobile phone or tablet, when using the Service. We use cookies to improve the User’s usage of the Service and to gather information about, for example, statistics about the usage of the Service. This is done to secure, maintain and improve the Service. The information that is collected through the cookies can in some instances be personal data and is, in such instances, regulated by our Cookie Policy.
Users can at any time disable the use of cookies by changing the local settings in their devices. Disabling cookies can affect the experience of the Service, for example disabling some functions in the Service.
8. Changes
We have the right to, at any time, make changes or additions to the Privacy Policy. The latest version of the Privacy Policy will always be available through the Service. A new version is considered communicated to the Users when the User has either received an email informing the User of the new version (using the e-mail stated by the User in connection to the use of the Service) or when the User is otherwise informed of the new Privacy Policy.
9. Contact
For questions, further information about our handling of personal data or for contact with us in other matters, please use the below stated contact details; Mercell dpo@mercell.com
