Processing Policy
PRIVACY POLICY
AS "UPB"
FOR CANDIDATES (APPLICANTS) AND OTHER PERSONS, WHOSE DATA MAY APPEAR AT OUR DISPOSAL IN RELATION TO PERSONAL RECRUITMENT.
1. Information on the controller
Our name is AS "UPB", registration number: 42103000187, legal address: Dzintaru iela 17, Liepaja, LV-3401.
You may contact us by calling: +371 63427009 or writing to the following e-mail address: upb@upb.lv.
2. Contact information for communication regarding matters of personal data protection
If you have any questions in relation to this notice or the processing of your personal data, you may contact us by writing to the following e-mail address: das@upb.lv.
3. General description of how we perform personal data processing
This notice describes how we perform personal data processing of our candidates (applicants) and other persons, whose data may appear at our disposal in relation to personal recruitment.
The purpose of this notice is to provide a possibility to persons, willing to apply for vacant positions announced by us or other companies, being in the composition of our group, as well as persons, whose data have been delivered by applicants (for example, data of feedback providers), and to become acquainted with our personal data processing conditions.
This is an updated wording of the notice. We reserve the right to make amendments and update this notice upon necessity.
The purpose of this notice is to give you a general overview of the personal data processing activities carried out by us and purposes thereof, but we still ask you to take into account that other documents (for example, terms of use of the website) may also contain additional information regarding the processing of your personal data.
We understand that the personal data is your value and we shall process it in conformity with the confidentiality requirements while caring for the safety of your personal data in our possession.
4. For what purposes do we process your personal data and what are the legal grounds for personal data processing?
We shall only process your personal data for the previously defined legitimate purposes, including:
a) For the provision of the employee recruitment process and implementation of rights and duties arising from it–
Within the framework of this purpose we collect a CV (curriculum vitae) and the enclosed documents from applicants, we contact the applicant and feedback providers specified by the applicants, in order to collect feedback, pursuant to the consent of the applicant we save the CV for other competitions, as well as, in order to be able to protect our interests during court proceedings, we save data, in order to reply to complaints and initiated cases in court.
For this purpose and the above mentioned sub-purposes at least the following personal data may be required by us: name, surname, contact information (e-mail, phone No.) of the applicant, education and previous work experience of the applicant, persons who may give feedback and the contact information thereof, feedback regarding the applicant, as well as other information that may be of importance for the performance of the relevant position and establishment of the most appropriate applicant.
The main legal grounds used for reaching these goals are as follows:
- consent (Article 6 (1) (a)[1] of the General Data Protection Regulation) – with regards to the fact of submission of the CV and saving of the CV for further competitions;
- conclusion of a contract with the data subject (Article 6(1)(b) of the General Data Protection Regulation) - with regards to the processing of data of the applicants, regarding whom a decision is made to conclude a labour contract;
- performance of the legal duty (Article 6 (1) (c) of the General Data Protection Regulation - in certain cases with regards to certain types of data, if the regulatory enactments determine mandatory requirements for the particular position;
- compliance with legitimate interests of the controller (Article 6 (1) (f) of the General Data Protection Regulation) - with regards to the provision of evidence in the case of possible claims as well as with regards to the volume of information to be requested.
b) For the conclusion of a labour contract–
Within the framework of this purpose we collect information, which shall be included in the labour contract and annexes thereof; we will perform your identification, examine the documents certifying your qualification and prepare a labour contract.
For this purpose we shall require at least the following personal data: name, surname, personal identity number, place of residence, phone number of the employee, start date of employment relations, place of work, educational data of the employee, qualification data of the employee description of work duties to be performed, position, contact information at work, amount of the labour payment, current account number, in case of need health data.
The main legal grounds used for reaching these goals are as follows:
- entering into the agreement with the data subject (Article 6 (1) (b) of the General Data Protection Regulation);
- fulfilment of the legal duty (Article 6 (1) (c) of the General Data Protection Regulation) - with regards to information to be reflected in the labour contract and necessary qualification requirements, as well as reporting on the fact of employment to state authorities (for example, the State Revenue Service);
- performance of the duties of a controller and implementation of rights in the area of employment (Article 9 (2) (b) of the General Data Protection Regulation) - with regards to the processing of special category data (health data, belonging to a trade union).
c) Prevention of endangerment to safety, property interests and ensuring of other significant legitimate interests of us or third parties
Within the scope of this purpose we may need to carry out video surveillance of our territory, buildings and other property, use personal data processors for ensuring various functions, if necessary, to exchange information within the company group, use the rights granted in the laws and regulations for ensuring our legitimate interests.
For this purpose it will be necessary to process at least the following personal data: data available in video records, data recorded in access control systems regarding the visits to premises etc.
The main legal grounds used for reaching these goals are as follows:
- compliance with the legitimate interests of the controller (Section 6, Clause 1, Sub-clause f of the General Data Protection Regulation).
[1]REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 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)
5. Who can access your personal data?
We take the necessary measures to process your personal data according to the applicable laws and regulations and ensure that any third parties may not access your personal data who do not have any legal grounds for processing your personal data.
Upon necessity your personal data may be accessed by:
1) our employees or directly authorised persons, who require it for the fulfilment of work duties, such as accountants, direct managers, personnel department employees;
2) personal data processors in accordance with their provided services and only in the required volume;
3) in the events prescribed in the State and local government institution laws and regulations, tax administrations.
6. What cooperation partners do we choose for personal data processing or for personal data processors?
We take the necessary measures to ensure the processing, protection and transfer of your personal data to the data processors in accordance with the applicable laws and regulations. We carefully select the personal data processors and by transferring data assess the necessity for it and the volume of the data transferred. Transfer of data to the processor takes place in conformity with personal data confidentiality and safe processing requirements.
Currently we can cooperate with the following personal data processing categories:
1) outsourced accountants, auditors, financial management and legal consultants;
2) owner/designer/technical maintainer of IT infrastructure/data base;
3) ensuring of the personnel recruitment process other persons, being related to the controller and other companies and being included in the group of our companies.
Personal data processors may change from time to time, regarding which we shall also make changes in this document.
7. Are your personal data being sent to countries outside the European Union (EU) or European Economic Area (EEA)?
In general we do not transfer data to the countries being outside of the European Union or European Economic Area, except for in cases when such a need arises, according to your place of work determined in the labour contract, from your employment outside of the European Union or European Economic Area, and it would be necessary for us to transfer the relevant data.
8. How long will we store your personal data?
Your personal data will be stored for as long as the storing thereof is necessary for the relevant personal data processing purposes, as well as in accordance with the requirements of the applicable laws and regulations.
Upon the assessment of the length of storing personal data, we take into consideration the requirements of the laws and regulations, aspects of fulfilment of the contractual obligations, your instructions (for example, in the event of consent), as well as our legitimate interests. If your personal data is no longer necessary for the established purposes, we shall delete or destroy it.
For example, we will save your CV submitted for a vacant position of the particular position and the enclosed documents until the end of the competition as well as at least 6 months after it, in order to secure against the possible claims and court proceedings against us. In turn, if you have submitted a CV and the enclosed documents, without addressing it to the specific vacant position or giving consent to use the CV and the enclosed documents for further recruitment, we will save your CV and the enclosed documents for 1 year. You will always have the right to withdraw your consent to the storage of such data.
In the case if a labour contract is concluded with you, the CV and the enclosed documents may be attached as per need to the case file of your employee and will be stored for the whole period of validity of the labour contract.
9. What are your rights as the data subject in respect of your personal data protection?
Restoration of personal data
If any changes have taken place in your personal data which you have provided to us, for example, changes to the correspondence address, phone number or e-mail, please contact us and submit the updated data so we may satisfy the purposes for the processing of personal data.
Your rights to access your personal data and correct it
In accordance with the terms of the General Data Protection Regulation, you are entitled to access your personal data in our possession, request their correction, deletion, limitation of access, object to processing of your data, as well as the right to data portability in the events and pursuant to the procedure prescribed in the General Data Protection Regulation.
We respect these rights of yours to access your personal data and control it, so if we receive your request, we will respond to it pursuant to the deadline prescribed in the laws and regulations (usually not later than within one month if it is not a special case requiring a longer period of time to prepare a response), and if possible, we shall correct or delete your personal data.
You may obtain information regarding your personal data in our possession or exercise your other rights as the data subject in one of the ways prescribed hereinafter:
1) by submitting an application in person and identifying yourself in our office (address: Dzintaru iela 17, Liepaja, LV-3401) each working day from 10 - 16;
2) by submitting a relevant application by sending it to us by mail to the following address: Dzintaru iela 17, Liepaja, LV-3401;
3) by submitting a relevant application, sending it to our e-mail address: upb@upb.lv, and we recommend to sign it with a safe electronic signature.
Upon the receipt of your application, we shall evaluate its content and the possibility of identifying you, and depending on the relevant situation we shall reserve the right to ask you for additional identification to ensure the safety of your data and disclosure to the relevant person.
Withdrawal of Consent
If your personal data processing is based on your given consent, you may withdraw it at any time, and we shall discontinue using your personal data which took place based on consent for the relevant purpose. We, however, would like to inform you that the withdrawal of consent may not affect the processing of personal data which is necessary for the fulfilment of requirements of the laws and regulations or which is based on the agreement, our legitimate interests or other grounds for lawful data processing established in the laws and regulations.
You may also object to the processing of your personal data, if the processing of personal data is based on legitimate interests.
10. Where can you submit a complaint in respect to matters related to personal data processing?
If you have any questions or objections in respect of us performing the processing of your personal data, we kindly ask you to contact us.
If you still believe that we have not been able to mutually solve the problem and you still consider that we have violated your rights to personal data processing, you may file a complaint to the Data State Inspectorate. You may find sample applications to the Data State Inspectorate and any other information related thereto on the Data State Inspectorate website at (http://www.dvi.gov.lv/lv/datu-aizsardziba/privatpersonam/iesniegumu-paraugi/).
11. Why do you need to provide your personal information to us?
We mostly collect your information to perform the personal recruitment process, comply with the legal obligations binding on us and exercise our legitimate interests. In these situations we need specific information to meet the relevant purposes, thus a failure to provide it may endanger the beginning of labour relations. If data is not mandatorily necessary, but the submission thereof may help to improve the labour environment or circumstances of your employment, we will indicate that the provision of data is voluntary.
12. How do we collect your personal data?
We may acquire your personal data in one of the ways provided hereinafter:
1) from yourself by submitting an application and CV from you for participation in the competition for a vacant position;
2) from the applicant if he or she has indicated your personal data for the receipt of feedback about him or her;
3) in the process of signing a mutual agreement, by acquiring data from you;
4) from you if you submit any applications, e-mails to us or call us;
5) from you, if you provide information about the applicant;
6) in some situations from video surveillance recordings and access control systems.
13. Are your personal data used for adopting automated decisions?
We do not use your data for adopting automated decisions.