Job Applicant Privacy Notice (compliant with GDPR)
PRIVACY NOTICE JOB APPLICANTS
This privacy notice applies to job applicants of Create Entrance B.V. (Ch. of Comm. no. 56248644) having its registered office at Binderij 7Hbis (1185) ZH Amstelveen (the Netherlands) and all its subsidiaries, branches, representative offices and affiliated companies of Create Entrance B.V registered in the Netherlands (hereinafter referred to as: ‘Create Entrance’).
As part of any recruitment process, Create Entrance collects and processes personal data relating to our job applicants. Create Entrance is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations in accordance with the General Data Protection Act (GDPR) and related (local) privacy regulations. With this privacy notice we inform ‘you’ as a job applicant of the manner in which Create Entrance processes your data in respect of its recruitment and selection activities.
1. Why do we process your personal data?
The processing of your personal is necessary to allow a sound, effective and efficient recruitment and selection process. This means that Create Entrance, and in particular our Human Resource team, processes your personal data to take steps (prior) to entering into a contract with you for the following purposes:
- to register your application for a job at our company;
- to assess your personal data/profile in light of our vacancies;
- to assess your capabilities and suitability;
- to communicate our recruitment and selection procedure (administration);
- to contact your and to schedule job interviews and/or assessments;
- to inform you about the recruitment and selection procedure and possibly about other vacancies; and
- to analyse whether the recruitment and selection procedure at our company has taken place to your satisfaction.
In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, it is mandatory to check a successful applicant's eligibility to work in the Netherlands before employment starts.
Furthermore, Create Entrance may have a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. We may also need to process data from job applicants to respond to and defend against legal claims.
When the processing of personal data is not compatible with one of the previously mentioned purposes, we will inform you and (if required) ask for your explicit consent. You can always refuse to give consent or withdraw your given consent.
2. How do we collect information?
Create Entrance processes your personal data from the moment you provide data through (for example) application forms on our website, email, job search websites (such as JCC and Wantedly) or through interviews.
We may also collect personal data about you from third parties, such as references supplied by former employers who were provided by you, results of a pre-employment background screening or other forms of assessment.
3. Pre-employment screening
Our employees may have access to highly confidential information. Positions where employees work with confidential information involve the risk of selling or passing on this information. For financial functions, there is also a risk of fraud, theft, embezzlement or bribery. Create Entrance must guarantee the integrity of the business operations and therefore needs to be able to ascertain that its employees, especially in the certain fields, are of irreproachable conduct. This means that there should be no appearance of untrustworthiness or irregularity.
Depending on the position you are applying for, it could be considered necessary to perform a pre-employment (background) screening (‘PES’). The purpose of this PES is to determine whether the applicant as a (future) employee is (still) sufficiently reliable and (financially) honest, in order to minimize the aforementioned risks.
A PES is in any event essential for positions where employees will:
- represent our company and deal with our clients or stakeholders;
- have access to sensitive and confidential information;
- handle money and finances
If a PES is required for the position, you will be informed of this prior to this process, for example through our job vacancy. You can decide at any time - with the withdrawal of the application - not to give permission for the PES to be carried out.
The PES will be carried out by an authorized provider. This provider will inform you further about the way they use your personal data.
You are required to pass every type of background check we offer before Create Entrance enters into employment with you. Without a positive result, no employment or hiring will be undertaken. However, a positive result of the PES does not guarantee employment.
Final recruitment decisions are made by the hiring manager and HR. Create Entrance informs you of their decision. Subject to the decision, an offer of employment or any other type of working relationship could be made. You are able to ask about decisions made in relation to your application by speaking to your contact within our recruitment team or by emailing.
4. What personal data do we collect?
Create Entrance will only request information which we consider relevant to the position for which you are applying. Create Entrance may process personal data from you insofar necessary for the purposes as mentioned in this privacy notice, including:
- contact details, such as your full name, address, email address and telephone number;
- other identity details, such as your date of birth, age, proof of identity containing citizen service number (BSN), nationality, photographs (for verification purposes);
- details of your profile, for example education, qualifications, traineeships, skills, experience and employment history;
- Personal interests, such as hobbies and memberships that you share;
- information about your entitlement to reside and work in the Netherlands (e.g. work permits);
- results of a pre-employment background screening (if required for the position);
- results of other forms of assessment (if required for the position);
- other data that are or may be relevant to the assessment of your suitability related to the exercise of the job position, such as references and letters of reference and or other personal data that is presented by you as part of your application, (for example) in your curriculum vitae or application letter;
- any other personal data (than mentioned above) that require processing by virtue of the law.
If a background screening is performed, the results of this screening could be processed. This may also include (information about):
- criminal records;
- credit reports/financial records;
- verification reports (e.g. identity, previous employment, education history);
- regulatory/disciplinary actions search;
- consulting public internet sources (such as social network sites);
- reference checks;
- Certificate of Conduct (VOG).
Create Entrance processes sensitive/special categories of personal data (such as criminal records) only if necessary for the purposes as mentioned in this privacy notice and insofar permitted under the applicable laws.
Create Entrance does not request information about your health and/or disabilities. However, you are obliged to provide health information if this could be directly relevant for the job to which you are applying. Deliberate concealment of this information may result in (summary) dismissal.
5. Who has access to your data?
Your personal data may be shared internally (with other subsidiaries, branches, representative offices, affiliated companies and/or departments) and externally (with third parties outside Create Entrance) for the purposes of the recruitment exercise. This includes authorized members of the HR and the recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy and IT staff may have access to the data is necessary for the performance of their roles.
When necessary for a specific task, we may share your personal data with third-party service providers or other third parties who perform activities for Create Entrance as part of their regular business operations. Service providers help us by, among other things:
- providing IT services such as application or infrastructure services, for example cloud services;
- compiling reports and statistics, providing printing materials and designing design products;
- providing recruitment services and activities;
- providing background screening and/or assessment services and activities.
In order to comply with our legal obligations, we may provide data to governmental, supervisory and/or judicial authorities.
In limited and necessary circumstances, your data may be transferred outside of the European Economic Area (EEA) to comply with our legal or contractual requirements. When we share personal data with third parties in countries outside the EEA, we put in place safeguards to protect your data. We rely on, among other things:
- Applicable local laws and regulations;
- European Commission adequacy decisions that determine whether there is adequate protection of personal data in a country outside the EEA;
- EU model contracts, if applicable. We use standard contractual clauses in agreements with service providers to ensure that the transfer of data to countries outside the EEA complies with the GDPR;
- Additional safeguards such as encrypted transfers.
7. How does Create Entrance store and protect your data?
Your data may be stored in our systems, including on your application record, in HR management systems and on other IT systems (including email).
We take the security of your data seriously and make every effort to optimally secure your personal data in order to avoid unlawful use, such as unauthorised access or disclosure and unlawful alteration or loss. Create Entrance does so on the basis of physical, administrative, organisational and technical measures. For instance, we have internal policies and controls in place to ensure the protection of your data and your data will not be accessed except by authorized persons in the proper performance of their duties.
If and insofar as personal data are passed on to third parties that provide services or perform assignments on behalf of Create Entrance (whether they are processors or controllers), Create Entrance takes measures that they will also optimally secure the personal data to the extent possible and feasible.
8. For how long does Create Entrance keep your data?
Create Entrance retains your personal data no longer than necessary for the purposes for which we collected your data. If a dispute would arise between you and Create Entrance, the information will be retained until the dispute has been settled or otherwise solved.
If your application for employment is unsuccessful, we may ask if you would like your details to be retained in our recruitment database for a period of one year. If you consent, we could proactively contact you should any further suitable vacancies arise.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your HR personnel file (electronic and paper based). In that case, our Privacy Notice for employees applies and provide you the periods for which your data will be retained during and after employment.
9. Your rights
You are entitled to certain rights when it comes to your personal data. You may, for example, ask us for an overview or copy of your information, or request us to correct or delete certain data, restrict processing of your data, or ask us to transfer some of this information to other organisations. In some cases you may object to the processing of your data and, where we have asked for your consent to process personal data, you can withdraw this consent at any time. Where we process your data for our legitimate interests, you can contact us if you want more information about these legitimate interests.
There are some exceptions to these rights. For example, it will not be possible for us to delete your data if we are required by law to keep it or if we hold it in connection with a contract with you. Similarly, access to your data may be refused if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information.
If you would like to exercise any of these rights, please contact our Human Resource team at email@example.com. We try to respond to your request as soon as possible but no later than four weeks after receipt.
10. What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to Create Entrance during the recruitment process. We strive to ask only for personal data that is strictly necessary for the purpose in question. However, if you do not provide the requested information, we may not be able to process your application properly or at all.
11. Contact, questions and complaints
Questions, comments, requests or complaints concerning this privacy notice and the way we process your personal data can be addressed to our Human Resource team at firstname.lastname@example.org.
If you have a complaint about the way we handle your personal data, you also have the right to address this with the data protection authority of the country in which you live or work or the country in which we are located. For the Netherlands, this is the ‘Autoriteit Persoonsgegevens’.
12. Applicable law and changes
Any disputes that arise from this privacy notice are governed by Dutch law. Create Entrance may amend, supplement or update this privacy notice from time to time for various reasons. The latest version of the privacy notice can be found on the website of Create Entrance.