Notice re personal data processing for recruitment purposes

Gessel, Koziorowski Kancelaria Radców Prawnych i Adwokatów sp.p. (formerly Gessel, Koziorowski sp.k.) (“GESSEL”) hereby serves notice that, in connection with ongoing recruitment processes, hiring, and establishment of cooperation, GESSEL processes the personal data of individual candidates in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) and with other applicable laws.

Set out below, please find more detailed information about how GESSEL processes your data.

WHO PROCESSES THE DATA ?

The data controller

The controller of the personal data:

Gessel, Koziorowski Kancelaria Radców Prawnych i Adwokatów sp.p. (formerly Gessel, Koziorowski sp.k.) with its registered seat in Warsaw, address: ul. Sienna 39, 00-121 Warszawa, entered in the business enterprises register of the National Court Register under no. KRS 0000892064, registry court: District Court for the capital city of Warsaw in Warsaw, Department – XII Commercial of the National Court Register, NIP taxpayer identification no. 525-20-70-586.

Tel.: + 48 22 318 69 01
Fax: + 48 22 318 69 31
mail@gessel.pl

For up-to-date contact details of the data controller, please visit gessel.pl/kontakt

Other data recipients

Your personal data may be passed on to other entities which provide commissioned and auxiliary services to GESSEL – in particular, entities entrusted by GESSEL with data processing – for purposes of due performance of the recruitment process (e.g. in reliance on online functionalities which enable posting of job advertisements and collation of applications).

WHAT DATA IS PROCESSED, AND ON WHAT BASIS ?

Data necessary for participation in the recruitment process

Within the context of recruitment, GESSEL processes the personal data of individuals applying for job vacancies and/or interested in working with us within the scope necessary for, respectively, hiring pursuant to an employment contract or commencement of cooperation on other terms. In such cases, the legal basis for processing is comprised in necessity for entering into and performing an employment contract or, respectively, a cooperation agreement (as envisaged in art. 6.1.b) GDPR). In the specific case of prospective hiring pursuant to an employment contract, the data may comprise, in particular, the items referred to in art. 221 § 1 of the Polish Labour Code, whereunder GESSEL is entitled to request such data from the candidate.

Additional data

Within the basic scope, data is obtained directly from the candidate on the basis of the application submitted by her/him. In this regard, it is the candidate herself who decides on the exact scope of data which she/he wishes to present. Apart from that, in order to duly assess the candidature, in some cases GESSEL may supplement the data received from the candidate herself/himself with further information, e.g. to verify this data (for instance by perusing data made public by the candidate on social media platforms for professionals, by testing the candidate’s knowledge and skills, etc.). The legal basis for processing data beyond that necessary for entering into and performing an agreement is comprised in consent for such processing granted by the candidate (art. 6.1.a) GDPR). As an option, the candidate may also elect to grant her/his consent for processing of her/his personal data also for purposes of job vacancies other than the one she/he specifically responded to.

Other objectives and means of processing

GESSEL may also, within a limited scope, keep the data it has collected on file to the extent necessary to establish, defend against, and pursue any claims associated with recruitment, hiring, and collaboration. Serving as it does a legitimate interest of the controller, such processing falls under a separate basis for processing (art. 6.1.f) GDPR). Within the context of the objectives specified above, GESSEL does not expect to process data for purposes of direct marketing or of decision-making based solely on automatised processing, profiling included.

HOW LONG WILL MY DATA BE STORED ?

GESSEL will store personal data no longer than necessary for fulfilment of the processing objectives. Within the basic scope, the data retention period shall cover the period necessary for conducting and definitely concluding the recruitment process; in particular, it shall not exceed the statute of limitations defined by applicable laws with respect to potential claims.

IS THIS NECESSARY ?

You are free to provide your personal data or to withhold it, but personal data within the defined scope is necessary for participation in the recruitment process and, as the case may be, for execution and performance of a contract. With respect to candidates applying for positions involving an employment contract, GESSEL may request specific data on authority of art. 221 § 1 of the Polish Labour Code. Provision of additional, non-mandatory data, meanwhile, is not a statutory or contractual requirement and is not a prerequisite for execution of a possible agreement, and the candidate is under no obligation to provide it. Refusal to provide such data will result in impossibility of its use by GESSEL during the recruitment process.

YOUR RIGHTS

You may, at any time, request access to your data, request its correction and/or deletion, and request limitation of processing. You are also entitled to lodge a complaint with the Polish Personal Data Protection Office (https://uodo.gov.pl/pl/83/155). In the case of any data processed on the basis of granted consent using automated means, you are also entitled to request transfer of your data.

Right to object: With respect to data processed on the basis of necessity for legitimate interests of the controller (e.g. to establish, defend against, and pursue any claims), you may, at any time, object to such processing, citing special circumstances on the part of the objecting party. In such a situation, GESSEL may no longer process such data within the scope covered by the objection, unless it demonstrates valid, legitimate grounds for processing which override the interests, rights, and freedoms of the objecting party, or a basis for establishing, defending against and/or pursuing any claims. GESSEL does not expect to process data for purposes of direct marketing where filing of an objection would block use of personal data for such purposes without a need to cite a cause of such objection associated with special circumstances on the part of the objecting party.

Revocation of consent: With respect to data processed on the basis of consent granted, you may at any time revoke your consent; any such revocation shall remain without prejudice to lawfulness of processing conducted on the basis of such consent prior to its revocation.

PROPOSED CLAUSES FOR APPLICATION DOCUMENTS

Out of considerations of facilitating your participation in the recruitment process and, possibly, in future recruitment processes conducted by GESSEL, we suggest that you include the requisite data processing consents directly in your application documents, for example:

I confirm that I have perused the information concerning terms of personal data processing in connection with recruitment, as made available in the job advertisement and on the website gessel.pl. By sending my application documents and submitting my candidature, I consent to the processing of my personal data by Gessel, Koziorowski Kancelaria Radców Prawnych i Adwokatów sp.p. (formerly Gessel, Koziorowski sp.k.) for purposes of participation in the recruitment process in accordance with the terms defined therein.

I grant additional, separate consent for processing of my personal data by Gessel, Koziorowski Kancelaria Radców Prawnych i Adwokatów sp.p. (formerly Gessel, Koziorowski sp.k.) for purposes of further recruitment processes in the future.