Introduction
This notice (Notice) describes how Submer Technologies S.L. and its subsidiaries and related companies (collectively, Submer) handle and protect data to which Submer is provided access in connection with the recruiting process.
Submer will process Candidate Data in accordance with this Notice, unless in conflict with requirements of applicable law, in which case applicable law will prevail.
Your consent to the provisions of this Notice is required in order to submit or make available Candidate Data. If you decline to submit or make available your Candidate Data, it may affect your ability to apply for or receive an offer of employment.
This Notice does not form part of any contract of employment offered to candidates hired by
Submer.
Definitions
Candidate Data means any identifiable information that an individual makes available to Submer in connection with the recruiting process. Submer may collect Candidate Data directly from a job candidate or from third parties, for example, in connection with a background or employment check or employment reference, subject to your consent where required by law. Candidate Data may include a variety of information, such as candidate status, work history/job data, education,
compensation, employer feedback, questionnaire results, contact information, previous addresses or names, additional information provided by the candidate (e.g., a cover letter), driver’s license number as required for certain positions, references, and criminal history, where permitted by law.
Processing refers to any action performed on Candidate Data, such as collecting, recording, organizing, storing, transferring, modifying, using, disclosing, or deleting.
Sensitive Candidate Data is Candidate Data concerning nationality or citizenship, race or ethnic origin, criminal history, or trade union membership. Submer does not request or consider information concerning religion, sex life or political opinions in connection with recruiting.
Collection
You may use various electronic and paper methods to submit Candidate Data to Submer. You agree that, in addition to collecting Candidate Data directly from you, Submer may collect Candidate Data from third parties, for example, from recruiters, in connection with a background or employment check or an employment reference (subject to your consent where required by law) or, to the extent permitted by law, from a recruiting or other web site.
Processing and Retention
Submer processes Candidate Data for legitimate human resources and business management purposes. These include identifying and evaluating candidates for Submer positions; recordkeeping related to hiring processes; analyzing the hiring process and outcomes; and conducting background checks, where permitted by law. In addition, Candidate Data may be used to comply with Submer’s legal, regulatory and corporate governance requirements. If a candidate is hired, Candidate Data may be used in connection with his/her employment consistent with Submer’s employment data protection policies.
In addition to using Candidate Data for the position for which you have applied, Submer may retain and use your Candidate Data to consider you for other positions in case you have provided your consent. If you do not want to be considered for other positions or would like to have your Candidate Data removed, you may contact Submer as specified under Inquiries, Complaints and Objections below. Unless required for tax or other legal purposes or in connection with employment as specified above, Candidate Data will be retained for a maximum of three years (or less where required by law).
Sharing with Third Parties
Submer may transfer Candidate Data to external third-party providers performing certain services for Submer. Such third-party providers have access to Candidate Data solely for the purposes of performing the services specified in the applicable service contract, and Submer requires the providers to undertake security measures consistent with the protections specified in this Notice.
Submer may be required to disclose certain Candidate Data to other third parties (1) as required by law; (2) to protect Submer’s legal rights to the extent authorized or permitted by law; or (3) in an emergency where the health or safety of a candidate or other individual may be endangered.
In addition, in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of Submer’s business, Submer may transfer Candidate Data to successor entities or parties.
International Data Transfers
Submer operates globally and maintains and applies appropriate employment data protection standards. Accordingly, Candidate Data may be transferred to and processed in the US and other countries. Submer will make sure to have appropriate safeguards in place for countries that may not be deemed to provide the same level of data protection as your home country.
Sensitive Candidate Data
Submer may perform background and criminal checks where permitted by law, and may process other Sensitive Candidate Data, such as citizenship or nationality information or health information, when relevant for a position and permitted by law. If Submer intends to collect Sensitive Personal Data from third parties, you will be provided notice and the opportunity to consent. To the extent you make Sensitive Candidate Data available to Submer, you consent to Submer processing such Data in accordance with this Notice.
Security and Confidentiality
Submer employs technical and organizational measures designed to protect the integrity,
confidentiality, security and availability of Candidate Data, and to comply with applicable legal requirements for information security. Submer limits access to internal systems that hold Candidate Data to individuals who need access for a legitimate business purpose.
Sharing with Third Parties
Submer may transfer Candidate Data to external third-party providers performing certain services for Submer. Such third-party providers have access to Candidate Data solely for the purposes of performing the services specified in the applicable service contract, and Submer requires the providers to undertake security measures consistent with the protections specified in this Notice.
Submer may be required to disclose certain Candidate Data to other third parties (1) as required by law; (2) to protect Submer’s legal rights to the extent authorized or permitted by law; or (3) in an emergency where the health or safety of a candidate or other individual may be endangered.
In addition, in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of Submer’s business, Submer may transfer Candidate Data to successor entities or parties.
Candidate Rights
You may exercise the following rights in relation to your Candidate Data:
Access, Correction and Deletion:
Submer will provide you access to your Candidate Data that Submer holds to the extent required by law in your home country, regardless of the location of the Candidate Data processing. You may request correction or deletion of that Candidate Data, except where retention is required by your contractual relationship with Submer, in the context of
a legal dispute, or as otherwise required by law. If access, correction, or deletion is denied, the reason for the denial will be communicated to you.
Additional rights according to the EU General Data Protection Regulation (GDPR), where
applicable:
According to Art. 18 GDPR, you can request the restriction of the processing of your personal data if you contest the accuracy of the data, if the processing is unlawful, if we no longer need the data and if you refuse their deletion because you need to establish, exercise, or defend legal claims. You are also entitled to the right under Art. 18 GDPR if you have objected to the processing in accordance with Art. 21 GDPR.
According to Art. 20 GDPR, you may request that the personal data you have provided us with be received in a structured, current, and machine-readable format or you may request that it be transmitted to another person responsible.
According to Art. 7 para. 3 GDPR you can withdraw your consent at any time. Consequently, we are no longer allowed to continue the data processing based on this consent for the future.
According to Art. 77 GDPR, you have the right to complain to a supervisory authority. You can contact the supervisory authority of your habitual residence, place of work or place of the alleged infringement.
Automated Decisions:
Submer generally does not make recruiting or hiring decisions based solely on automated decision-making within the meaning of the GDPR. In the event that Submer
relies solely on automated decision-making that could have a significant impact on you, Submer will provide you an opportunity to express your views and will provide any other safeguards required by law.
Inquiries, Complaints and Objections:
You may withdraw consent to the processing of your Candidate Data or submit inquiries, complaints and/or objections to the processing of your Candidate Data by sending a request in writing to: contact@submer.com. The processes described in this Notice supplement any other remedies and dispute resolution processes provided by Submer and/or available under applicable law.
Sensitive Candidate Data
Submer may perform background and criminal checks where permitted by law, and may process other Sensitive Candidate Data, such as citizenship or nationality information or health information, when relevant for a position and permitted by law. If Submer intends to collect Sensitive Personal Data from third parties, you will be provided notice and the opportunity to consent. To the extent you make Sensitive Candidate Data available to Submer, you consent to Submer processing such Data in accordance with this Notice.
Direct Marketing
Submer will not use Candidate Data to offer you any products or services for personal or family consumption (“direct marketing”) or provide Candidate Data to third parties for their direct marketing. These restrictions do not apply to contact or other personal data obtained in the context of a customer, consumer, or other non-employment relationship with Submer.
Changes to this Notice
Submer reserves the right to modify this Notice by posting changes to relevant Submer websites.
If you submit additional Candidate Data or request to be considered for a Submer position following the effective date of a modified Notice, your Candidate Data will be handled in accordance with the Notice in effect at that time.
By making available your Candidate Data, as defined in this Candidate Privacy Notice, you confirm that:
You have reviewed the Candidate Privacy Notice and agree that Submer may process your Candidate Data in accordance with this Notice;
You have provided any notices and obtained any consents needed to provide information
concerning others (e.g., information about employment references); and
Your Candidate Data may be transferred and processed worldwide for the purposes and in the manner specified in this Notice.
By submitting your application, you agree to the above.
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 of cookies can affect the experience of the Service, for example disabling some functions in the Service.