INFORMATION CLAUSE ON THE PROCESSING OF PERSONAL DATA WITHIN THE RECRUITMENT PROCESSES
The controller of your personal data is Brainhub spółka z ograniczoną
odpowiedzialnością with its registered office in Gliwice (44-100), 26 Górnych Wałów Street, REGON: 364666949, NIP: 6312663239, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, X Economic Division of the National Court Register under the KRS number: 0000622336, share capital: PLN 7,500.00, hereinafter also referred to as the ‘Controller’. The Controller can be contacted by sending a letter to the postal address indicated above or by sending an e-mail to: [email protected].
Providing personal data to the extent indicated in the provision of Article 22 1 § 1 of the Labor Code of June 26, 1974 (Journal of Laws of 2023, item 1465, hereinafter also referred to as the ‘Labor Code’) is necessary to participate in this recruitment process. Provision of any other data is voluntary.
Your personal data is processed for the following purposes and on the following legal grounds:
1. for the purpose of participating in this recruitment process on the basis of:
a) with regard to personal data referred to in the provision of Article 22 1 § 1 point 1 - 3 of the Labor Code (name(s) and surname, date of birth, contact details) - on the basis of the provision of Article 6 section 1 letter c of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union of 2016. No. 119, p. 1 as amended, hereinafter also referred to as the ‘GDPR’), i.e. the processing is necessary to fulfill a legal obligation of the controller;
b) with regard to the personal data referred to in the provision of Article 22 1 § 1 point 4 - 6 of the Labor Code (education, professional qualifications, course of previous employment) - on the basis of the provision of Article 6 section 1 letter c of the GDPR, i.e. the processing is necessary for the fulfillment of a legal obligation imposed on the controller and Article 6 section 1 letter b of the GDPR, i.e. the processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject prior to entering into a contract;
c) with respect to personal data other than those indicated in the provision of Article 22 1 § 1 of the Labor Code - on the basis of the provision of Article 6 section 1 letter a of the GDPR, i.e. the data subject has consented to the processing of his/her personal data for one or more specified purposes, whereby the provision of the aforementioned personal data in the recruitment process constitutes the consent to their processing by the Controller, their provision is voluntary, and the lack of their provision does not affect the possibility of participation in the recruitment process;
d) when the recruitment concerns a position for which no employment contract will be concluded - based on the provision of Article 6 section 1 letter f of the GDPR, i.e. the processing is necessary for the purposes of the legitimate interests pursued by the controller.
2. for the purpose of establishing, pursuing or defending against claims, if the claims relate to the recruitment process conducted by us - based on the provision of Article 6 section 1 letter f of the GDPR, i.e. the processing is necessary for the purposes of the legitimate interests pursued by the controller.
3. for the purpose of participating in future recruitment processes - based on the provision of Article 6 section 1 letter a of the GDPR, i.e. the data subject has consented to the processing of his/her personal data for one or more specified purposes (if you have given such consent).
Your data will be stored until the completion of this recruitment process through the selection of an employee for the position to which the recruitment relates, no longer than 12 months from the date of sending us the application for the position. If you consent to the processing of data also for future recruitment processes, your personal data will be stored until you revoke your consent, but no longer than for 3 years from the date of consent. Your personal data may also be stored for the purpose of establishing, pursuing or defending against claims, if the claims relate to the recruitment process conducted by us, but no longer than for 3 years from the moment of completion of the recruitment process.
You have the right to access, rectify, erase or restrict processing of your data, as well as the right to object, request the cessation of processing and transfer of data, the right to withdraw consent at any time (whereby withdrawal of the consent will not affect the legality of the processing of your personal data that took place before the withdrawal of the consent) and the right to file a complaint to the supervisory authority (President of the Personal Data Protection Office).
Your data may be entrusted to entities cooperating with the Controller to conduct the recruitment process. Entrustment may include related entities or entities providing services connected with recruitment, i.e. courier companies and companies providing human resources and legal, administrative and technical services, as well as those related to the operation the IT systems and the website.
Your personal data may be transferred outside the European Economic Area (EEA) to entities such as Webflow, Google Workspace, Typeform, Notion, Make.com. Transfers to a country outside the EEA are carried out in accordance with the rules under Chapter V of the GDPR, i.e. using one of three mechanisms, i.e. standard contractual clauses, the necessity of the transfer for the performance of the contract concluded with you (or to take measures requested by you prior to the conclusion of the contract), or on the basis of your consent (the last mechanism involves the risk of not ensuring the adequate protection of personal data).
Due to the use of services of entities based in the United Kingdom of Great Britain and Northern Ireland, your personal data may be transferred to this third country. In accordance with the decisions of the European Commission dated June 28, 2021, the United Kingdom of Great Britain and Northern Ireland provides an adequate level of protection for personal data.Personal data provided by you will not be subject to automated decision-making, including profiling.
