EUROPEAN JOB APPLICANT PRIVACY NOTICE
POLICY APPLICABLE TO:
JOB APPLICANTS TO FUNPLUS EUROPEAN LEGAL ENTITIES.
Last updated: 04 October 2022
This Job Applicant Privacy 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 policy, “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 notice deals 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 and how we use it. When we refer to “Personal Data”, we mean “personal” relating to you personally or from which you can be identified. Some of the information mentioned in this policy is not “Personal Data” as is meant under data protection legislation, but we may refer to it to help you understand what we do.
We use and process your personal data lawfully, fairly and in a transparent way. We collect only for the valid purposes that we have clearly explained to you and 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 policy 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 the information about your rights and how you may exercise them.
Please read this policy 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 email@example.com and firstname.lastname@example.org or by post at the above address.
You’ll find in this policy 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 Personal Data related to job applicants as part of our recruitment process. We are committed to being transparent about how we collect and use that data to meet our data protection obligations. We may collect a range of information about you, including:
(a) The information written on your CV/Resume and covering letter such as: your name, address and contact details, including email address and telephone number;
(b) Professional History such as: your previous employers, positions, and work experience, professional licenses, and other qualifications;
(c) Educational Background such as: your highest level of education, the schools or universities you attended, degrees, certificates or other educational qualifications you earned and your education references
(d) Information that we receive during the interviews and phone-screenings you may have;
(e) Information about your current level of remuneration and benefits entitlement;
(f) Information about your eligibility to work in the country where you apply for the job.
Sensitive Personal Data
We usually do not request or require you to provide sensitive Personal Data such as religion or philosophical beliefs, health, sexual orientation, or political opinions in connection with your applications.
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 or 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 LinkedIn and Xing, and publicly available sources.|
3. How we use your information
We collect and process your data for a number of purposes and where we have a legal basis to do so. The purposes are as follows:
(a) To identify you as a potential candidate and review your application for a position with us;
(b) 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 data from you allows us to manage the recruitment process, assess and confirm a candidate’s suitability for the available position and to decide to whom to offer a job;
(c) 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;
(d) To communicate with you about the status of your application or other opportunities with us that may be interest of you, unless you opt-out to receive such information;
(e) Comply with corporate governance and legal requirements.
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), 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 data will be stored in a range of different places, including on your application record, in our HR management system (such as Applicant Tracking System) and our email system.
4. Legal basis for processing
There are a number of different legal grounds for processing Personal Data. Which one is applicable will depend on how we are using your information and for what purpose. In the majority of cases this condition will be that:
- Legitimate interest for the recruitment, selection, evaluation of the job applicants and the management as well as administrations 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 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.
5. Sharing your information
Your Personal Data may be shared internally within FunPlus and its group companies for the purposes of the recruitment process. This includes members of the HR Department, interviewers involved in the recruitment process, and managers in the business area with a vacancy.
The Personal Data you provide to us may be shared with other third parties only in limited circumstances and where it is necessary for the recruitment process such as e.g. the applicant tracking system. When your application for employment is successful and an offer is made, your Personal Data will be processed based on the Employee Privacy Notice.
We also may need to share your Personal Data with law enforcement agencies, or the applicable regulators, if we are required by law to do so.
6. 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) 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 email@example.com.
7. Your rights
Under EU data protection laws you have a number of rights in relation to your personal data. We respect and honour these rights and will help you to exercise them insofar as we are able.
Under certain circumstances, by law, you have the rights in connection with your personal data, as follows:
(a) 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.
(b) 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 our HR Department or Privacy Office.
(c) Right to rectification
To rectify your Personal Data, if you consider that the information we are holding is inaccurate.
(d) Right to erasure
You have the right to obtain from us, under certain conditions, the deletion of any personal data relating to you where there is no good reason for us to continue to process it. These conditions apply if:
i. the respective processing purpose has been achieved or otherwise ceases;
ii. we have unlawfully process your personal data;
iii. you have withdraw your consent and there is no other legal basis applying to the processing activities of your personal data;
iv. you object to the data processing;
v. there is an obligation to delete personal data on the basis of EU Law or the law of an EU member state to which we are subject.
(e) Right to withdraw consent
When you apply for a role, you provide consent to us to process your personal data for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
(f) Right to restrict of 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.
(g) 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.
(h) 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, right and freedoms, or the processing serves to establish, exercise or defend legal claims.
(i) 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 note that these rights are not absolute – in some cases they will not apply to you, or to the particular use that we are making of your data, and there are exceptions (for example if we have to process the data to comply with our own legal obligations) but 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 for access to or a copy of your personal data must be in writing and sent to firstname.lastname@example.org and Privacy Office at email@example.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 data you shared with us, and you may update your information directly under your profile or adjust the settings on your device.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our Swedish EU GDPR Representative EUrepresentativeoffice@funplus.com or contact your local data protection authority within the European Economic Area respectively the Swedish data protection authority.
8. 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 firstname.lastname@example.org. Please include “FunPlus International AG” when contacting our UK Representative.
9. 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, Personal Data gathered during the recruitment process will be transferred to your personnel file and retained for your employment. The periods for which employee data is held will be provided to you in a separate Employee Privacy Notice.
We are committed to ensuring that your information 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.
Questions, comments and requests regarding this policy are welcomed and should be addressed to FunPlus International AG, Bahnhofstrasse 2, 6300 Zug, Switzerland, or you can also contact us by email to email@example.com and firstname.lastname@example.org
12. Changes to this policy
We will update this Policy 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.