Candidate Privacy Policy

Last updated: February 27, 2020

Introduction

Softvision and its affiliated and parent companies (“Softvision”, “we” or“us”) are firmly committed to protecting your privacy. This Candidate Privacy Notice (“Notice”) explains what we do with the personal information we collect during the recruitment process, including through the careers section on the Softvision website (“Site”) or by other means.

The Site (and recruitment process) is not intended for minors under the age of 16.

Definitions
  •  “Candidate” means any prospective employee, individual contractor or other member of personnel of Softvision.
  • “Softvision” means Softvision SRL, a private held company, with headquarter in Cluj Napoca, 57-59 Republicii Street, Cluj County, Romania and its global parents, affiliates and subsidiaries.
  • “Personal Information” means any information or combination of information, in any form or medium that can identify a person. Examples include name, email address, physical address, phone number, date of birth, age, home address, personal preferences, behavioral information, government issued IDs, IP address, hardware identifiers, etc.
  • “Sensitive Personal Information” means Personal Information, which if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Examples of Sensitive Personal Information in various jurisdictions may include social security numbers, driver’s license numbers, passwords, passports, tax IDs, financial account and credit card numbers, health information (including Protected Health Information (PHI)), biometric identifiers, racial or ethnic origin, and information about political opinions, religious beliefs, trade union membership, criminal history, sexual orientation or blood group.
  • “Process/Processed/Processing” means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collecting, recording, storing, deleting, viewing, accessing, amending, using or disclosing the Personal Information.
  • Note, where we have used words such as “include”, “including”, “for example”, or “such as” in this Notice these are meant to be examples and not exhaustive lists.

 

What are we going to tell you in this notice?

 

1. How we collect your personal information

Types of Personal Information

We may collect the following general types of information about you:

Personal Information – During the recruitment process, we collect information from you in connection with your application. Information we collect includes:

  • Name, address, telephone number, email address and other contact information
  • Information you submit in resumes/CVs/letters, including but not limited to employment history,academic qualifications, professional qualifications and skills;
  • Whether or not you were previously employed by Softvision, including employee ID
  • Other relevant information you elect to provide, such as employment preferences, willingness to relocate,current salary, desired salary, awards or professional memberships, professional and other work relatedlicenses, permits and certifications;
  • Information generated by interviewers and recruiters, based on their interactions with you, e.g. via a recruitment or campus hiring event, or basic Internet searches;
  • Information provided by third-party recruiters, staffing companies or executive search agencies, where applicable;
  • Recommendations provided on your behalf by others;
  • Documentation required under immigration laws;
  • Personal Information submitted or generated as a result of psychological, technical or behavioralassessments undertaken; you will receive more information about the nature of such assessments beforeyour participation in any of them;
  • Your Public LinkedIn profile, if you choose to import your profile to get personalized job;
  • Referrals.

Should you be successful for a role, we would then ask you to provide information about third parties, such as references or contacts that you provide to us. You are responsible for ensuring that you have permission to submit any such information and those such individuals are aware that their information will be available to Softvision or its clients for the purposes of taking up references.

Sensitive Personal Information – We do not require you to provide any Sensitive Personal Information during the recruitment process. Nonetheless, should you be successful for a role, we – where permitted by applicable law- may then ask you to provide some Sensitive Personal Information and/or identification numbers to enable us to comply with legal requirements at a national level (e.g. in relation to equal opportunities legislation).

In addition, you may also be subject to a background check, where justified by the particular role you are applying to and subject to applicable laws of the country, you are located in. You will receive more information about the nature of such background check before it begins. Otherwise, we ask that you avoid submitting information, which may qualify as sensitive information under applicable law, except where such information is legally required.

Aggregated information – This is information that is aggregated and therefore not uniquely personal to you, but which refers to selected population or geographic characteristics, age, gender, occupation, preferences, and interest in accordance with applicable laws.

Any information you submit must be true, complete and not misleading. Submitting inaccurate, incomplete or misleading information may make you ineligible for employment.

Sources from which the Personal Information originates We may also collect information about you directly from you or from other sources (where permissible and in accordance with applicable law):

  • From you directly or from your use of the Site;
  • From referrers, referees and former employers;
  • From conversations with recruiters and other Softvision associates or representatives, as well as frominternet searches that these individuals may perform, or data that they may obtain from job search or professional networking websites (e.g. Linked In, etc.) where you may have made data about yourself publicly available;
  • From third party recruiters, staffing companies or executive search agencies that are contracted by Softvision;
  • From background checks, as applicable. Where permitted by law, we may contract with a third party to perform a pre-employment background screening. You will receive more information about the nature of such a background check before it begins.

2. Why we need to collect your personal information

Purposes
We will process your Personal Information (including, without limitation and where permitted, your Sensitive Personal Information) for our recruitment, management and planning purposes, including:

  • assessing your suitability for the role for which you are applying as well as future roles that may come available;
  • management and administration of your application;
  • facilitate communication, responding to your queries;
  • verifying eligibility to work;
  • perform data analytics, including of our candidate pool, to improve our recruitment process and the Site;
  • notifying you about opportunities (if you signed up);
  • to comply with or monitor compliance with applicable law.

We may collect and aggregate data from your Personal Data to enable us to monitor and improve our services.

Legal basis for processing

Softvision will Process Personal Information where it is required by law, necessary for the prospective employment contract, or where it has a legitimate interest (which is not overridden by your data protection interests or fundamental rights and freedoms, particularly taking into consideration the safeguards that we put in place).

Softvision will Process Sensitive Personal Information where it is necessary for the purpose of carrying out a legal obligation or exercising your specific rights or those of Softvision with respect to your prospective employment with Softvision.

Softvision will obtain your consent to Process your Personal Information where it is required to do so by local law, and where required, for any new or additional purpose. For example, we will obtain your prior consent, if this is required under applicable law, for certain types of processing regarding Sensitive Personal Data and Personal Data regarding criminal offences and convictions.
Under local law, to the extent that Processing is based on consent, you may be entitled to withdraw consent to the Processing of the Personal Information. If you wish to withdraw consent you can contact us (see Contact Us section below).

The primary legal basis is set out in the table below:

Purpose of Use Legal Reason for Processing
To assess your suitability for employment for the role for which you are applying (excluding background checks), as well as future roles that may become available.
  • Necessary for Softvision’ legitimate interests to ensure that it recruits the appropriate employees.
  • To take steps prior to entering in an employment contract with you, where you are considered for employment.
To manage and administrate your application.
  • Necessary for Softvision’ legitimate interests to ensure that it recruits the appropriate employees.
  • To take steps prior to entering in an employment contract with you, where you are considered for employment.
To facilitate communication.
  • Necessary for Softvision’s legitimate interest to ensure proper communication with you and within the organization.
  • To take steps prior to entering in an employment contract with you, where you are considered for employment.
Verifying eligibility to work (excluding background checks).
  • To take steps prior to entering in an employment contract with you, where you are considered for employment.
  • Necessary for Softvision’ legitimates interests to comply with applicable immigration and/or employment laws and regulation.
Perform data analytics, including of our candidate pool, to improve our recruitment process and the Site.
  • Necessary for Softvision’ legitimate interests to ensure that it improves its recruitment processes.

 

To comply with or monitor compliance with applicable law or regulation.
  • Necessary to comply with Softvision’ legal obligations as a business entity
  • Necessary for Softvision’ legitimate interest to protect the rights and interests of Softvision, our employees, candidates and others.

 

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information).

We will obtain your prior consent for certain types of processing, where we are required to do so under applicable law. For example, we will obtain your prior consent, if this is required under applicable law, for certain types of processing regarding Sensitive Personal Data and Personal Data regarding criminal offences and convictions.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at the details provided below (see Contact Us).

3. Who will have access to your Personal Information

In general, access to your Personal Information will be restricted to the relevant people in Softvision who need it for the purposes set out in this Privacy Notice (e.g. your potential future managers and direct colleagues, recruitment, HR and IT).

We may disclose your Personal Information, as required and in accordance with applicable laws, as follows:

  • Third party service providers: Your Personal Information may be shared with third party service providers who have been retained to provide services on behalf of Softvision, such as for the storage of data.
  • Softvision Affiliates: Due to the global nature of Softvision’ business, Personal Information may be

shared, disclosed and transferred between the various Softvision Affiliates where such transfers are required for legitimate business reasons, e.g. recruiters, hiring managers, talent managers and administrative and IT functions maybe located in other countries than the country where the position you are applying for is based.

  • Clients: where applicable, your Personal Information, such as your resume, may be shared with the relevant client for project related purposes.
  • Legal obligations: We may disclose your Personal Information where required to comply with our legal obligations, including where necessary to abide by law, regulation or contract, or to respond to a court order, administrative or judicial process.
  • Potential mergers or acquisitions: Following an acquisition if any or all of Softvision’s regardless of any possible new company name, we will notify you about any changes in the data controllership.
  • Insolvency proceedings: If Softvision becomes the subject of insolvency proceedings, whether voluntary or involuntary, Softvision or its liquidator, administrator, receiver or administrative receiver or similar officer may sell, license or otherwise dispose of your Personal Information in a transaction approved by the court of competent jurisdiction. We will notify you of any relevant sale of our business operations by a posting on the Site or via email.
  • Public bodies and authorities: We may disclose your Personal Information pursuant to a request from a governmental or regulatory entity/body or if we believe in good faith that such disclosure is necessary to (1) comply with legal or regulatory requirements or for the purposes of compliance with legal process; (2) prevent crime; (3) prevent any terrorist activity or threat to national security; (4) protect the personal safety or wellbeing of users of the Site or any other person.
  • Legal proceedings: Softvision may disclose your Personal Information to the extent permitted by appropriate law where necessary to establish, exercise or defend against potential, threatened or actual legal claims.
  • Vital interests: We may disclose your Personal Information where necessary to protect your vital interests or those of another person.

4. International transfers of your personal information

As further detailed above under the section ‘Who will have access to your Personal Information’, due to the global nature of Softvision’ business, Personal Information may be shared, disclosed and transferred between the various Softvision Affiliates and third parties where such transfers are required for legitimate business reasons.

Where Softvision transfers your Personal Information internationally, which may include transferring Personal Information outside of the European Economic Area (EEA), Softvision will comply with applicable legal requirements.

Unless notified otherwise, any transfers of your Personal Data from within the European Economic Area to Softvision Affiliates or third parties outside the EEA will be based on an adequacy decision or are governed by the Standard Contractual Clauses.

Any other, non-EEA originating, international transfers of your personal data, will take place in accordance with the appropriate international data transfer mechanisms and safeguards.

5. How long we retain your personal information

We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Notice, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods are (i) the duration of the application process, (ii) as long as we have an ongoing relationship with you, (iii) as required by a legal obligation to which we are subject; and (iv) as advisable in light of our legal position (such as in relation to statutes of limitations, litigation or regulatory investigations).

6. How we protect your personal information

Softvision implements appropriate security measures designed to prevent unlawful or unauthorized Processing of Personal Information and accidental loss of or damage to Personal Information. Softvision maintains written security management policies and procedures designed to prevent, detect, contain, and correct violations of measures taken to protect the confidentiality, integrity, availability, or security of your Personal Information.

These policies and procedures assign specific data security responsibilities and accountabilities to specific individuals, include a risk management program that includes periodic risk assessment and provide an adequate framework of controls that safeguard your Personal Information. Where we contract with third parties to provide services that may enable them to access your Personal Information we require them by contract to have similar security controls in place.

 

7. What are your rights

To the extent these rights are provided to you by applicable law, you may:

  • Request access to your Personal Information or to correct, update or request deletion of your Personal Information.
  • Object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
  • If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Complying with all or part of your request may be denied or limited by Softvision if it would violate another person’s rights and/or as otherwise permitted by applicable law. Before responding to a request, we reserve the right to verify and authenticate your identity and the information that your request relates to.

If an archival copy of your Personal Information is required to be retained by applicable law after receiving a request for deletion or closure of your account, we will follow the statutory term for such a retention.

8. Contact Us

If, at any time, you have questions or concerns about the operation of this Notice, would like to exercise or rights, or believe that we have not adhered to this Notice, please email us:

Romania: recruitment@softvision.ro
USA, Canada: recruitment_NA@softvision.com
India, Australia: indiahiring@softvision.com
Argentina: ba-recruiting@softvision.com
Ukraine: ukrainerecruitment@softvision.com

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