Privacy

INFORMATION ON THE PROCESSING OF PERSONAL DATA

Pursuant to the terms and effects of articles 13 and 14 of (EU) Regulation 2016/679 on the protection of individuals relating to the processing of personal data (referred to below as “GDPR“), GIWYSER SEARCH AND SELECTION, LDA, (also referred to below as “GI” or the “Company”) wishes to provide you with information on the purposes, methods and area of communication and disclosure of the personnel data supplied by candidates of adult age when the register through GI website (referred to below as the “Website”), the websites of other companies and social networks, by email or on the occasion of an interview with one of the agencies, that may be made in person, by phone or videoconference.

 

1. PURPOSE OF THE PROCESSING FOR REGISTRATION IN WEBPAGE, SEARCH AND SELECTION OF CANDIDATES, HIRING AND LEGAL BASES

1.1. Your data are obtained in the following ways:
– when you register through GI website
– by email
– by our agencies
– through outside websites or social networks
– by post or telephone
– through indication of a third party

1.2. Your data are processed for through the website if you reply to a specific situation vacant announcement published on the website or present a voluntary application as a candidate through the website.
If you attend one of our agencies to reply to a specific situation vacant announcement published on the website or to present a voluntary application as a candidate, our Candidates Privacy Policy will be provided to you together with the form needed to collect your consents.
If your personal data have been obtained through one of our company’s e-mails, external Webpages, social networks, by post or telephone or by indication of a third party, our Candidates Privacy Policy and the form to provide your consent will be sent you using the e-mail address you provide.
We will not process any of your data without receiving your consent.

1.3. The legal base applicable to the processing of your personal data for the purposes described in point 1.2 is the consent pursuant to article 6, section 1 a), of the GDPR.

1.4. Your data will be processed if you reply to a specific situation vacant announcement and in the case of a voluntary application, for purposes of candidate search and selection, and more precisely:

a. for direct placement at third party client companies
b. for direct placement at Wyser
c. in relation to active employment policies or measures or collaboration and/or partnership agreements with public and private market operators

Your data will also be processed to enable us to send you messages by traditional or automated contact methods, including messages on training initiatives linked to a specific position, whether these are financed by a client company of ours or through inter-professional funding.
If you reply to a specific situation vacant announcement, your data will only be processed in relation to the specific selection process for which you are a candidate, unless you give the Company the consent to keep them also for future vacancies.

1.5. The legal base applicable to the processing of your personal data for the purposes described in point 1.4 is the consent pursuant to article 6, section 1 a), of the GDPR.

1.6. Your data may also be processed to ascertain, exercise or defend our rights in legal proceedings.

1.7. The legal base applicable to the processing of your personal data for the purposes described in point 1.6 is our legitimate interests pursuant to article 6, section 1 f), of the GDPR.

1.8. Your personal data might also be processed to the draft and execution of a labour contract, subsequently to the search and selection.

1.9. The legal base applicable to the processing of your personal data for the purposes described in point 1.8 is the execution of a contract pursuant to article 6, section 1 b), of the GDPR

1.10. The legal base applicable to the processing of the special categories of personal data regarding yourself for the same purposes in point 1.4 and 1.8 is to ascertain, exercise or defend a right in legal proceedings pursuant to article 9, section 2 f), of the GDPR and to comply with legal obligations and exercise of rights of labour law, social security and social protection pursuant to article 9, section 2, b) of GDPR.

 

2. FURTHER PURPOSES OF THE PROCESSING AND LEGAL BASES

2.1. Your data may also be processed, if you express your consent, for the following additional purposes:

a. the issue of information and promotional messages on the services offered by GI (including training initiatives, career development and coaching), or statistical studies and research and/or market surveys related to labour services, by means of traditional (by post and phone calls through the operator) and automated contact methods (email, text message, multimedia message and instant messaging systems)
b. the issue of information or promotional messages on the services offered by the other group companies within and outside the EU (such as training initiatives, career development, coaching, transfer support, personnel search and selection and executive searches), and statistical studies and research and/or market research studies related with labour services, by means of traditional (by post and phone calls through the operator) and automated contact methods (email, text message, multimedia message and instant messaging systems)

2.2. The legal base applicable to the processing of your personal data for the purposes described in point 2.1 is your consent pursuant to article 6, section 1 a), of the GDPR.

2.3. It is understood that your consent to the processing of your data for the purposes described above is entirely optional. For this reason, if you should refuse to agree to the processing for those purposes, your data will be processed for the purposes described in point 1 above only.

 

3. CATEGORIES OF DATA PROCESSED, DATA SOURCE AND PROCESSING OF SPECIAL CATEGORIES OF DATA

3.1. Merely by way of example, GI will obtain the following common categories of personal data: first name, surname, date of birth, address, email and telephone contact details, educational qualifications, work experience and any additional information entered by you in your CV and/or supplied during an interview at one of our branches.

3.2. GI will obtain the data in question from yourself and/or websites managed by third parties or social networks through which GI publishes the situations vacant (on behalf of its client companies or on its own account), or through which you may consult the candidate profiles.

3.3. If you respond to an advertisement or make a voluntary application, you will be given the opportunity to declare that you belong to a protected category in the data collection form on the website, or received after a telephone interview or during an interview at one of our branches. This information will describe your state of health and forms part of the special data categories pursuant to article 9, section 1, of the GDPR, and will be processed in line with the relevant regulations in force.

3.4. The legal base applicable to the processing of special data categories regarding yourself as described in point 3.3 is your explicit consent pursuant to article 9, section 1 a), of the GDPR.

3.5. If you do not express your consent, it will not be possible to process the data on the protected category to which you belong.

3.6. Please do not include any special data category in your CV (personal data revealing your racial or ethnic origins, political opinions, religious or philosophical convictions, trade union membership, genetic details or biometric data used for the unequivocal identification of an individual, or data relating to your health, sex life or sexual orientation).

 

4. DATA STORAGE PERIOD

4.1. In the event of processing of data for search and selection purposes as described in section 1 in the case of a voluntary application, the data are entered in the company database and kept for a period of 30 months following such entry, or as of the date of your most recent interaction with the website (access, data updating or loading in your CV) or agencies, unless you should agree to an extended period of data storage upon being asked to do so prior to the expiry of the initial storage period.

4.2. In the event of processing of data search and selection purposes as described in section 1 by way of a reply to a specific situation vacant advertisement, your data will be entered in the company database and stored throughout the duration of the selection process and, in the case of a negative outcome, until the closure of that process, unless you give the Company the consent to keep them for future vacancies. In this case, the will be kept for a period of 30 months (see point 4.1).

4.3. In the event of processing of data for purposes linked to ascertaining, exercising or defending a legal right, as described in section 1, the data will be entered in a historic archive and kept throughout the duration of the dispute and up to such time as the time limits for presenting challenging action expire.

4.4. In the event of processing of data for the additional purposes described in point 2.1, the data will be entered in the company database and stored for the period indicated in point 4.1, or until such time as you should withdraw your consent.

4.5. Upon expiry of the storage periods indicated above, the data will be destroyed or converted to an anonymous format.

 

5. NATURE OF THE SUPPLY OF DATA AND CONSEQUENCES OF REFUSAL TO DO SO

5.1. The supply of the data marked with an asterisk in the consent form is necessary to enable GI to complete your registration as described in point 1. If you should refuse to supply the data required, it will therefore not be possible for GI to complete your registration in the system.

5.2. The supply of the data marked with an asterisk in the consent form is necessary to enable GI to pursue the search and selection processes described in point 1. If you should refuse to supply the data required, it will therefore not be possible for GI to take your candidature into consideration.

5.3. The supply of the data described in point 2 above is optional. If you refuse to supply the data or do not express your consent, this will have no consequence for your registration in the system and will not prevent GI from carrying out the search and selection processes.

 

6. PROCESSING METHODS

The data processing procedure is based on the principles of correctness, legitimacy, transparency and data minimisation (privacy by design). The data may be processed manually or by means of automated methods to enable them to be memorised, processed and transmitted, and will take place by means of suitable technical and organisational methods which guarantee the security, confidentiality, integrity, availability and resilience of the systems and services and prevent the risk of loss, destruction, unauthorised access or disclosure or illegal use of the data, in addition to reasonable measures to ensure the prompt cancellation or adjustment of data which are unsuitable for the purposes for which they are to be processed.

 

7. RECIPIENTS OF THE DATA

7.1. Your data may only be processed by employees of the company departments authorised to do so for the purposes indicated above. The employees in question have received suitable operating instructions on the tasks to be carried out by them.

7.2. GI may forward your personal data to the following parties for the purposes described in point 1 above:
– Client companies or entities
– The Ministry of Labour
– Public bodies in respect of active employment policies or measures
– Other market operators in the case of partnerships
– Legal consultants
– Training bodies
– Group companies in Portugal or abroad
GI may forward your personal data to group companies in Portugal or abroad for the purposes described in point 3 above.

7.3. Your personal data may also be processed by outside parties expressly designated as data processors which provide GI with:
– Website management and maintenance services
– Candidate database management and maintenance services
– Filing services
– Message mailing services
– Market research services

7.4. The updated list of recipients is available from our registered office or by sending an email message to pt.privacy@gigroup.com.

7.5. The personal data supplied by candidates will not be subject to disclosure.

 

8. TRANSFER OF DATA OUTSIDE THE EU

8.1. Your data may be transferred to companies not belonging to the European Union, and more specifically to:

a. Argentina and Switzerland, whose data protection levels are deemed satisfactory by the European Commission pursuant to article 45 of the GDPR
b. Brazil, China, Colombia, Hong Kong, India, Montenegro, Russia, Serbia and Turkey, on condition that GI and the data importer sign standard contractual clauses adopted or approved by the European Commission pursuant to article 46, sections 2 c) and d), of the GDPR

8.2. The decisions on adequacy of protection levels may be consulted on the following links:
Switzerland: http://eur-lex.europa.eu/eli/dec_impl/2016/2295/oj
Argentina: http://eur-lex.europa.eu/eli/dec/2003/490/oj

8.3. A copy of the standard contractual clauses signed by GI may be obtained by sending an email to: pt.privacy@gigroup.com

 

9. RIGHTS OF THE INTERESTED PARTY

9.1. The interested parties have the rights described in articles 15 to 22 of the GDPR, where applicable.

9.2. More precisely, the interested parties may ask the data controller for access to and cancellation of the data, the adjustment of imprecise data, additions to incomplete data and restriction of data transfers in the cases described in article 18 of the GDPR .

9.3. The interested parties have the right to object to the processing of the data necessary for the legitimate pursuit of the interests of the data controller, at any time and in whole or in part.

9.4. If the conditions for the transfer of the data pursuant to article 20 of the GDPR are satisfied , the interested parties also have the right to receive the data supplied to the data controller in a structured format for common use which is legible from an automatic device and, where technically feasible, to transfer such data to another data controller without impediment.

9.5. The interested parties have the right to present claims to the relevant supervisory authority (in their member state of normal residence or employment, or in the state in which the presumed violation occurred).

9.6. These rights may be exercised by writing to the address indicated below, or by sending an email message to the following address: pt.privacy@gigroup.com. It is understood that if the application to that effect is presented electronically the information will be supplied in an electronic format suitable for common use.

 

10. WITHDRAWAL OF CONSENT

10.1. The interested parties have the right to withdraw the consent expressed by them at any time by sending an email to pt.privacy@gigroup.com.
10.2. The withdrawal of the consent does not affect the legitimate nature of the processing based on the consent which you expressed prior to the withdrawal.

 

11. DATA CONTROLLER CONTACT DETAILS
The personal data controller is GIWYSER SEARCH AND SELECTION, LDA, with registered office at Edifício Heron Castilho, Rua Braamcamp, nº. 40, 5º , 1250-050 Lisboa, in the person of its legal representative.

 

12. DATA PROTECTION OFFICER (DPO) CONTACT DETAILS
The data protection officer [DPO] can be contacted by email at dpo@gigroup.com

 

[1] If:

  1. the interested party contests the precise nature of the personal data, for the period necessary to enable the data controller to check the precise nature of the data in question
  2. the processing is unlawful and the interested party objects to the cancellation of the personal data and asks for its use to be restricted
  3. even if the data controller no longer requires the data for processing purposes, when the interested party has to obtain the personal data to ascertain, exercise or defend a right in legal proceedings
  4. the interested party objects to the processing pursuant to the terms of article 21, section 1, while awaiting checks on the prevalence of the legitimate motives of the data controller over those of the interested party
[2] If the processing is based on consent pursuant to articles 6.1 a) or 9.2 a) or the contract pursuant to article 6.1 b) of the GDPR and takes place using automated instruments.

 

DATA CONTROLLER
Dra. Florinda Carreira