Candidate Data Processing Policy
Notice from Anemocyte S.r.l. under Art. 13 of Regulation (EU) 2016/679 for the Processing of Candidates’ Personal Data
Data Controller
We inform you that, under EU Regulation 2016/679 (hereinafter the “Regulation”), Anemocyte S.r.l. will be the data controller (“Data Controller”) for your personal data carried out in the context of the recruitment to Anemocyte S.r.l., with its registered office in Gerenzano (VA), Via R. Lepetit, 34 (“Anemocyte”).
Types of Personal Data processed
The Data Controller will process personal data, falling under the definitions in art. 4(1) of the Regulation, which are collected in the context of your job application for the Data Controller including e.g. your name, surname, a mobile phone number (“Personal Data”).
In your Curriculum Vitae you may have disclosed (inadvertently or not), more sensitive categories of Personal Data as defined under art. 9(1) of the Regulation, such as the following indicative and non-exhaustive list:
- data which would potentially reveal your racial or ethnic origin,
- political opinions, religious or philosophical beliefs,
- or trade union membership;
- data concerning health, sex life or sexual orientation (“Special categories of Personal Data”).
Purpose, legal basis and mandatory / optional nature of the processing
Your Personal Data will be processed for the following purposes:
a) assessing the coherence of your applications to the Anemocyte’s open job positions and, in general, to manage the recruitment procedures;
b) getting in contact with you for a possible interview, using the contact data you have given to Anemocyte;
The legal basis for your Personal Data’s processing, according to the purposes previously identified herein, is art. 6(1)(b) of the Regulation (“[…] processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”).
c) the rationalisation and optimisation of recruitment processes, even after an interview without a subsequent recruitment.
The legal basis of such ultimate Personal Data processing is art. 6(1)(f) of the Regulation, namely the legitimate interest purpose. Anemocyte believes to hold the right to process and in particular to keep CVs both of candidates who have been interviewed and those who have not, on the basis of its legitimate interest to improve its organisational efficiency and to optimise the performance of the human resources department. Provided that Anemocyte considers this data retention to be reasonable and not infringing Data Subjects’ Human Rights and Freedoms (see also the following paragraph “Retention of personal data”). Moreover, Anemocyte may contact candidates for a different job position from the one they were initially interviewed for; or may then revaluate an interesting profile which was stored because it did not match the actual business needs enough, or for not making a second interview to candidates who have failed the previous one.
Anemocyte requires that you do not disclose any such types of Personal Data in your CV or through any other means if is not strictly necessary; if you nonetheless choose to do so, please mind that Anemocyte, complying with the applicable law, requires your explicit consent to process this special category of your Personal Data which can be provide by filling the following section at the end of this privacy policy and send it by email to info@anemocyte.com.
If you send or deliver your documents and your Curriculum Vitae to Anemocyte, Anemocyte will process your personal data in order to examine your CV. Also, in some cases, you may share personal data related to third parties with Anemocyte. In those situations, you will be considered as a data controller regarding that Personal Data and will have to assume all inherent legal obligations and responsibilities. Accordingly, this signifies in particular, that you must grant full indemnity to Anemocyte regarding any complaints, claims or compensation requests for damages which may arise from the processing of this Personal Data, brought by the third parties whose information you provided through the job application.
In any case, where you provide or process third parties’ Personal Data through the application, you must make sure that you have these third parties’ consent and guarantee – taking accountability for any related responsibility – that such a hypothesis of this specific processing is based on an appropriate legal basis under art. 6 of the Regulation, which may allow for a lawful processing of such information before providing any information on them to Anemocyte.
Retention of Personal Data
Your Personal Data processed for Recruitment purposes will be kept by Anemocyte for as long as it is deemed strictly necessary for the aforementioned purposes and, in any case, for up to 24 months from reception of the application. Anemocyte may contact you before the expiration of this period, in order to interview you or to consider your application for a different job position which may have opened after your first interview.
If you need any further information on your personal data’s retention, it can be made available to you upon written request to Anemocyte at the following address: privacy@anemocyte.com.
Transfers of Personal Data
Some of your Personal Data may be transferred to Recipients located outside the European Economic Area and may be shared with:
- persons who act typically as data processors on behalf of Anemocyte, such as entities enrolled for IT activities for example;
- persons authorised by Anemocyte to process Personal Data committed to carry out activities for Anemocyte, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees from Anemocyte’s human resources department).
Data subjects’ rights
You have the right to request from Anemocyte, at any time, access your Personal Data, the correction and erasure of your Personal Data, as well as to object to its processing. Moreover, you have the right to request the restriction of the processing of your Personal Data in the cases provided by art. 18 of the GDPR and to obtain a copy of your Personal Data provided to Anemocyte, in a structured, commonly used and machine-readable format in the cases set out in Article 20 of the Regulation (data portability).
Requests should be made in writing to: privacy@anemocyte.com .
In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data (Personal Data Protection Authority), according to art. 77 of the GDPR, if you believe that the processing of your Personal Data carried out through the Website is unlawful.
