EUROPEAN JOB APPLICANT PRIVACY NOTICE

12 March 2024

POLICY APPLICABLE TO:

JOB APPLICANTS TO FUNPLUS` EUROPEAN LEGAL ENTITIES.

 

This Job Applicant Privacy Notice (“Notice”) applies to Personal Data held about our job applicants (“you”, “your”) who send their job application directly to FunPlus International AG, Switzerland, and its group companies or via third-party job network providers. 

In this Notice, “we,” “us,” and “our” means FunPlus International AG, Switzerland, a company registered in Switzerland whose registered office is at Bahnhofstrasse 2, 6300 Zug, Switzerland, and its group companies. This Noticedeals with where we are acting as a ‘data controller’ under the data protection legislation: which essentially means where we are responsible for deciding what personal data we collect, how we use it and with whom we share it. When we refer to “Personal Data”, we mean “personal” relating to you personally or from which you can be identified as an individual.

We use and process your Personal Data lawfully, fairly and in a transparent way. We collect your Personal Data only for the purposes that we have clearly explained to you and will not use it in any way that is incompatible with those purposes. We are committed to protecting and respecting the Personal Data of everyone we deal with – that is important to us and we know it is important to you.  

In this Notice, you will find information about what types of Personal Data we hold about you, how and why we collect it, how we use it, and how we keep it secure. You will also find information about your rights and how you may exercise them.

Please read this Notice carefully and if you need to contact us about anything that is in here, or for anything else related to your Personal Data, you can reach us by email at  careers@funplus.com and privacyoffice@funplus.com or by post at the above address. 

You’ll find in this Notice information about the following: 

1. What information do we collect about you?

When you apply for a job at FunPlus and its group companies, we will ask you to provide us with Personal Data about yourself so we can evaluate your application. We collect and process your Personal Data related to your job application as part of our recruitment process. We are committed to being transparent about how we collect and use your Personal Data to fulfil our data protection obligations as a data controller. We may collect and process a range of information about you, including:

  1. Contact information (e.g. first name, last name, email address, phone number, address);
  2. Gender;
  3. Curriculum Vitae/resume and cover letter;
  4. Employment history (e.g your previous employers, positions, work experiences, and other qualifications;
  5. Education history (e.g. your highest level of education, the schools or universities you attended, degrees, certificates, and other educational qualifications you earned and you education references;
  6. Linkedin profile, the publicly available sections of your LinkedIn profile, if you provided these to us, as well as other professional websites or portfolio you provided to us;
  7. Immigration status and working permit;
  8. Desired salary (if applicable);
  9. Video/photo Images or audio recording (if applicable);
  10. Result of the recruitment process;
  11. Online identifiers and website, device and mobile app usage and similar information collected via automated means such as cookies and similar technologies; and
  12. Any other information you choose to share with us during the recruitment process, such as interview results, surveys, questionnaires, or written questions.

We usually do not request or require you to provide sensitive  Personal Data such as religion or philosophical beliefs, health data, sexual orientation, or political opinions (“Sensitive Personal Data”) in connection with your applications. However, if you provide us with Sensitive Personal Data, we will ensure that additional security measures are implemented during the processing activities. 

2. How we collect information about you 

We will collect this information in a variety of ways depending on how we interact with you.

Direct interactions  For example, the data might be written in application forms of CVs (including when these are sent to us as part of the application requirements or queries), obtained from your identity documents, collected through interviews, or other methods of assessment.
Third parties  We may collect your Personal Data from your former employers, recruiters, job-related social media sites, such as e.g. LinkedIn and Xing, and publicly available sources. 

3. How we use your information

We collect and process your Personal Data for a number of purposes and where we have a legal basis to do so. The purposes are as follows:

  1. To Identify and contact you as a potential candidate and review your application for a position with us;
  2. To facilitate the recruitment, selection, evaluation, and interview process for the job you have applied for, and for keeping a record of the process. The processing of your Personal Data allows us to schedule and facilitate interviews, manage the recruitment process, assess and confirm a candidate’s suitability for the available position, and decide to whom to offer a job;
  3. Determine whether you are suitable for our current and future job roles;
  4. Contact references or other individuals who may provide information to us about your employment history;
  5. Preparation of employment contract and related documents;
  6. We also need to process your Personal Data to ensure that we comply with our legal obligations. For example, when we are required to check a successful applicant’s eligibility to work in the country where the position is available before the employment starts;
  7. To communicate with you about the status of your application or other opportunities with us that may be an interest of you, unless you opt-out to receive such information;
  8. Comply with corporate governance and legal requirements.

If you fail to provide information when requested, which is necessary for us to consider your application), we will not be able to process your application successfully. For example, if we require references for this role and you fail to provide us with relevant details, we will not be able to take your application further. 

Your Personal Data will be stored in a range of different places, including in your job application record, in our HR management system (such as a.o. our applicant tracking system), and in our email system. 

4. Cookies

FunPlus may also collect your Personal Data through the use of cookies and other technologies. The Personal Data we process may include the information about the browser and operating system that you are using when accessing our website and the IP address. This may occur when you visit our website. Please see our Cookie policy for additional information. 

5. Legal basis for processing

There are a number of different legal grounds for processing your Personal Data. Which legal ground is applicable will depend on how we are using your information and for what purpose. In the majority of cases, one of the following conditions will apply:

  • Legitimate interest for the recruitment, selection, and evaluation of the job applicants and the management as well as administration of the recruitment and HR process, to the extent these activities do not prejudice or harm your rights and freedoms.
  • You have provided your consent to us to extend the retention period to provide you with information about a similar position;
  • Our use of your  Personal Data is necessary to perform a contract or take steps to enter into a contract with you;
  • Our use of your Personal Data is necessary to comply with a relevant legal or regulatory obligation.

We generally do not collect or process any ‘special categories’ of Personal Data (including information regarding your health, religious or political beliefs, ethnic background, sexual life, and sexual orientation). If this would apply, we will generally rely on obtaining additional specific consent from you at the time we collect the information unless there is a legal requirement or other justification for processing that information. 

6. Sharing your information 

FunPlus may share your Personal Data with the following parties on a strictly need-to-know basis and in accordance with the agreement with the following parties:

  1. within FunPlus and its group companies for the purpose of the recruitment process, including members of the HR Department, interviewers involved in the recruitment process, and managers in the business area handling a vacancy;
  2. Third-party service providers involved in the recruitment process;
  3. Law enforcement agencies or other applicable regulators, if we are required by law to do so.

When your employment application is successful and an offer is made, your  Personal Data will be processed based on the Employee Privacy Notice. 

We will not sell your Personal Data or share it with third parties other than as set out in Section 6. 

7. International Data Transfers

FunPlus is operating globally and belongs to the global FunPlus Group. We may process and transfer your Personal Data to countries outside of the European Economic Area (EEA) and Switzerland where our group companies are located. We are aware that different countries may have different data protection laws. Therefore, we have taken steps to ensure adequate safeguards are in place to protect your Personal Data. FunPlus uses the European Commission’s standard contractual clauses. Standard contractual clauses are a set of contract terms approved by certain jurisdictions and deemed to provide adequate protections for cross-border transfers. 

When we transfer your Personal Data to a third party in a country that does not offer adequate protections, we will make sure to protect your Personal Data by, cumulatively requiring that, a) the third party applies the level of protection required under the applicable local data protection laws, b) the third party acts in accordance with our written instructions and our policies and standards and c) unless otherwise specified, the third party only transfers your Personal Data on the basis of an appropriate contractual mechanism (such as the standard contractual clauses approved by the European Commission).

For further information about this international data transfer, you may contact the Privacy Office at privacyoffice@funplus.com.

8. Your rights 

Under EU and Swiss data protection laws you have a number of rights in relation to your Personal Data. We respect and honor these rights and will help you to exercise them insofar as we are able. Under certain circumstances, by law you have the following rights in connection with your Personal Data:

  1. Right to be informed
    About what types of Personal Data we hold about you, how and why we collect it, how we use it and how we keep it secure.
  2. Right of access
    You have the right to receive from us, at any time upon your request, a copy of the information about your Personal Data processed by us. You shall contact us by email at  careers@funplus.com and privacyoffice@funplus.com.
  3. Right to rectification
    To rectify your Personal Data if you consider that the information we are processing is inaccurate.
  4. Right to erasure
    Under certain conditions, you may request the deletion of your Personal Data relating to where we have no further reason to process it. These conditions apply if:

    1. the respective processing purpose has been achieved or otherwise ceases;
    2. we have unlawfully processed your Personal Data;
    3. you have withdrawn your consent and there is no other legal basis applying to the processing activities of your Personal Data;
    4. you object to the Personal Data processing.
  5. Right to withdraw consent
    You have the right to withdraw your consent for processing for that purpose at any time. When you withdraw the consent, we will no longer process your application and, subject to our retention policy, we will dispose of your Personal Data securely.
  6. Right to restrict processing
    This enables you to ask us to suspend the processing of Personal Data about you, for example, if you want us to establish its accuracy or the reason for processing it.
  7. Right to data portability
    you have the right to receive from us, Personal Data about you, which you have provided to us, in a structured, commonly used, and machine-readable form.
  8. Right to object
    you have the right to object at any time to the processing data. Upon receipt of your objection notice, we will then cease processing your  Personal Data unless we can prove that there are compelling legitimate reasons for the processing which outweigh your interest, rights and freedoms, or the processing serves to establish, exercise, or defend legal claims.
  9. To not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your Personal Data.

Please be aware that if you exercise your right to object, right to restrict the processing, or right to deletion, we may not be able to continue the recruiting process and assess your suitability for employment.

These rights are not absolute – in some cases, they will not apply to you if there are exceptions, such as, if we have to process your Personal Data to comply with our own legal obligations. If that is the case we will let you know if you make a request that we believe we cannot comply with. 

Any request from you must be made in writing and sent to careers@funplus.com and Privacy Office at privacyoffice@funplus.com and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.

We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, you have the option to fully control the Personal Data you share with us, and you may update your Personal Data directly under your profile or adjust the settings on your device.

9. EU & UK Representatives

If you have an unresolved privacy or Personal Data use concern that we have not addressed satisfactorily, please contact our EU and UK representatives or contact your local data protection authority.

If you are a Data Subject from the European Union, FunPlus has appointed FunPlus Games Spain SL Carrer Casp 21, Pl. 5ª 08010, Barcelona, Spain as its representative in the European Union, as required by Article 27 of GDPR which can be contacted through EUrepresentativeoffice@funplus.com.

If you are a Data Subject from the United Kingdom, FunPlus has appointed GRCI Law Limited as its representative in the United Kingdom which can be contacted through ukrep@grcilaw.com. Please include “FunPlus International AG” when contacting our UK Representative.

10. How long will we keep your information?

If your application for employment is unsuccessful, we will hold your Personal Data on file for 12 months. At the end of that period, your Personal Data is deleted or destroyed (unless we need to retain it for longer to exercise or defend any legal claims). We will periodically review our files to check that information is accurate, up-to-date and still required.

We may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If your application for employment is successful, the Personal Data gathered during the recruitment process will be transferred to your personnel file and retained for your employment. The periods for which employee Personal Data is held will be provided to you in a separate Employee Privacy Notice. 

11. Security

We are committed to ensuring that your Personal Data is secure. In order to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorised way, altered or disclosed, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. In addition, we limit access to your  Personal Data to those employees, agents, and other third parties who have a business need-to-know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. Such measures will be appropriate to the nature of the data concerned and the level of risk.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulators of a suspected breach where we are legally required to do so. 

12. Contact

Questions, comments, and requests regarding this Notice are welcomed and should be   addressed to FunPlus International AG, Bahnhofstrasse 2, 6300 Zug, Switzerland,  or you can also contact us by sending an email to careers@funplus.com and privacyoffice@funplus.com. 

13. Changes to this Notice

We will update this Notice from time to time. Any changes we make to our policy in the future will be posted on this page and, where material and appropriate, notified to you by email, by prominent posting on our website, or through other appropriate communications channels.