GDPR

INFORMATION ABOUT OPTIMA RECRUITMENT EUROPE, S.R.O.
Regarding the Processing of Personal Data

The purpose of this information on the processing of personal data is to clearly inform data subjects about how OPTIMA RECRUITMENT EUROPE, s.r.o. handles their personal data, which is collected by OPTIMA RECRUITMENT EUROPE, s.r.o. as the data controller in accordance with the applicable legal regulations, particularly the provisions of 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, hereinafter also “GDPR”), and Act No. 110/2019 Coll. on the Processing of Personal Data (hereinafter referred to as the “ZOZOU”). The personal data of data subjects will be processed by the data controller in accordance with the conditions set out here pursuant to Articles 13 and 14 of the GDPR. This information is published on the controller’s website, listed below in the Contacts section.

Personal data that the data subject provides in connection with the use of services provided or offered by OPTIMA RECRUITMENT EUROPE, s.r.o., or that are obtained during a visit to its website, are processed by OPTIMA RECRUITMENT EUROPE, s.r.o. in accordance with the applicable, especially the aforementioned, legal regulations. Such obtained personal data will be used by OPTIMA RECRUITMENT EUROPE, s.r.o., as the data controller, only for the purposes and under the conditions set out in this information.

I. IDENTITY AND CONTACT DETAILS OF THE CONTROLLER

The data controller is the company OPTIMA RECRUITMENT EUROPE, s.r.o., with its registered office at V Jámě 1371/8, Prague 1, Company ID (IČ): 26423022, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 81072XY (hereinafter also referred to as the “controller” or “data controller”). More detailed contact information for the controller is provided on its website, listed in Article XIII. “CONTACTS” of this information below.

The collected personal data will be processed by the data controller, or under the conditions of Article 28 GDPR, by a data processor.

II. Data Subjects

These Personal Data Processing Information apply to the following data subjects:

  • individuals for whom the controller, as a labor agency, mediates employment,

  • agency employees of the controller, whom the controller as a labor agency temporarily assigns to perform work for its clients (users),

  • suppliers (natural persons) whom the controller uses to fulfill contracts for the controller’s clients (users),

  • users of the mentioned websites and applications,

  • representatives of the controller’s business partners and clients,

  • individuals whose personal data the controller uses for marketing purposes,

  • individuals recommended to the controller by persons interested in mediation or employment.

III. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

All processing of personal data is carried out by the controller in compliance with the conditions of lawfulness of processing under Article 6 of the GDPR and the legal grounds stated therein, which especially include:

  • Consent of the data subject pursuant to Article 6(1)(a) GDPR, if required by applicable legal regulations and if the purpose of processing is not covered by another legal basis under Article 6 GDPR (e.g., processing personal data for sending electronic or paper commercial communications of the controller, publishing photographs or other personal data of data subjects in the controller’s paper documents or on the website, etc.).

  • Processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract pursuant to Article 6(1)(b) GDPR (e.g., fulfilling the obligation to temporarily assign the data subject to perform work for the controller’s client or to pay the data subject the correct salary). In these cases, providing personal data is a necessary requirement for the contract or its conclusion; therefore, if the data subject does not provide the requested personal data, the controller will not be able to enter into a contract with the data subject.

  • Processing is necessary for compliance with a legal obligation to which the controller is subject pursuant to Article 6(1)(c) GDPR (e.g., fulfilling public-law obligations of the employer in the area of registration and payment of taxes, social and health insurance, occupational health services, etc.). In these cases, providing the personal data of the data subject is required by law, and failure to provide the requested personal data may cause damage to the data subject or controller, particularly in the form of possible public-law penalties.

  • Processing is necessary for the legitimate interests of the controller pursuant to Article 6(1)(f) GDPR, including especially:

  • exercising the rights of the controller against data subjects, clients (users), and business partners of the controller,
  • fulfilling contractual obligations towards clients (users) and business partners of the controller,
  • measures to prevent illicit acts,
  • measures to increase the security of information systems and telecommunication networks,
  • maintenance, improvement, and development of the existing services of the controller as an employment agency and job intermediary,
  • evaluating the effectiveness of marketing campaigns and advertising.

 

IV. COLLECTED PERSONAL DATA

The controller may collect personal data about data subjects in various ways, such as electronically (through websites, social networks, or other internet applications), or in person (for example, during personal or telephone meetings with the controller’s employees). The controller may collect selected personal data depending on the nature of the relationship with the data subject, particularly (in accordance with relevant legal regulations):

  • Contact information of the data subject (such as name, address, email address, and telephone number)

  • Username and password, if the data subject registers on the controller’s website

  • Information provided by the data subject about other people whom the data subject wants the controller to contact, where the controller assumes that those persons have given their prior consent to such communication

  • Other information provided by the data subject

Regarding a temporarily assigned employee or job applicant, the controller may collect the following categories of personal data within and under the conditions of applicable legal regulations:

  • Professional history and educational background

  • Language skills and other job-related abilities

  • Personal identification number and date of birth

  • Gender

  • Bank account information

  • Citizenship and type of work permit

  • Tax-related information

  • References provided by third parties

  • Information contained in the applicant’s CV (curriculum vitae)

  • Information provided by the data subject about their professional interests and qualifications (including valid licenses to perform certain activities, such as a driver’s license, boat captain’s license, firearms license, etc.)

  • Information related to employment with the controller or with the controller’s client (user)

  • Information provided by the data subject about other persons, e.g., emergency contact information

  • Information about the data subject’s disability and health status, results of substance abuse tests, criminal record information, and other reliability checks

V. PURPOSE AND SCOPE OF PERSONAL DATA PROCESSING

The controller, as a labor agency and employment intermediary, uses the collected personal data for the following purposes:

  • Operating employment mediation and other business activities of the controller

  • Creating and managing a database of job applicants and interested parties (users) in the scope necessary for the activities of the labor agency and employment mediation

  • Processing payroll and accounting agendas and other public-law and private-law obligations of the employer and/or labor agency

  • Commercial, promotional, and marketing activities of the controller

  • Conducting data analyses, enforcing legal claims, and defending against unlawful acts of third parties

VI. LEGITIMATE INTERESTS OF THE CONTROLLER

Processing is also necessary for the legitimate interests of the controller pursuant to Article 6(1)(f) GDPR, a non-exhaustive list of which is provided in Article III, Section 4 above. Besides the examples of activities mentioned in Article III, Section 4 above, the legitimate interests of the controller also include cases concerning data subjects in the form of job applicants and/or assigned employees, where the personal data of these data subjects are used for the following purposes:

  • Assessing the suitability of the job applicant and their qualifications for the given positions

  • Providing employment opportunities and job positions to suitable applicants

  • Delivering employment agency services including counseling in the field of employment on the labor market

  • Conducting data analysis, including analysis of the database of job applicants and temporarily assigned employees

VII. METHOD OF PROCESSING AND PROTECTION OF PERSONAL DATA

The controller adopts and complies with technical, organizational, and security measures to protect personal data against leakage, loss, destruction, and unauthorized access by unauthorized persons. The processing of personal data and access to it will be ensured only by authorized persons who are bound by confidentiality obligations and compliance with legal regulations.

VIII. Retention Period of Personal Data

The controller retains the collected personal data to allow the identification of data subjects for no longer than necessary with regard to the purpose for which the personal data were collected or for which they are processed. For example, data collected for the purpose of fulfilling a contract will be processed for the duration of the concluded contract and further for the limitation period of any claims arising from the contract. The controller determines this specific period with regard to the necessity to retain the collected personal data for offering and providing the requested services, securing the legitimate interests of the data controller as described above, and the existence of specific legal or contractual obligations that make the processing and related retention necessary for a defined time period.

IX. RECIPIENTS OF PERSONAL DATA

Personal data collected by the controller about data subjects may be shared with its business partners who provide services on behalf of the controller based on a relevant contract that complies with GDPR requirements and the controller’s instructions. The controller may transfer personal data, to the necessary extent, to the following categories of recipients:

  • Its contractual partners required for the controller’s regular operations and the execution of the contractual relationship with data subjects (for example, IT suppliers, the controller’s sales representatives, accountants and tax advisors, auditors, lawyers, translators, etc.);

  • Other entities when the provision of such data is mandated by law or necessary to protect the legitimate interests of the controller (for example, courts, administrative authorities, the Police of the Czech Republic, etc.);

  • Parent, subsidiary, and sister companies within the controller’s corporate group.

The controller will not transfer personal data outside the EU except in cases where the controller sells or transfers the entire business or part thereof, or all assets or part thereof (including reorganization, dissolution, or liquidation), or if the parent, subsidiary, or sister company of the controller is relocated or established outside the EU. If personal data are transferred to other countries, the controller will protect them as described in this personal data processing information, and such transfers will comply with applicable legal regulations.

X. RIGHTS OF DATA SUBJECTS

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Data subjects may, where permitted by applicable legal regulations, exercise the following specific rights under Articles 15 to 22 of the GDPR:

  • Right of access: The data subject has the right to access the personal data concerning them to verify whether their personal data is being processed in accordance with legal regulations.

  • Right to rectification: The data subject has the right to request correction of any inaccurate or incomplete data held about them to ensure the accuracy of this information and its suitability for processing.

  • Right to erasure: The data subject has the right to request that the data controller deletes their personal data and ceases further processing of such data.

  • Right to restriction of processing: The data subject has the right to request that the data controller restricts the processing of their personal data.

  • Right to data portability: The data subject has the right to receive their originally provided personal data in a structured and commonly used format, or to request the transfer of data to another data controller.

  • Right to object: The data subject has the right to object at any time to the processing of their personal data for the reasons specified in the GDPR, without needing to justify their decision.

  • Right not to be subject to automated individual decision-making: The data subject has the right not to be subject to decisions based solely on automated processing, including profiling, if such profiling has legal effects on them or similarly significantly affects them.

  • Right to lodge a complaint with a supervisory authority: The data subject has the right to lodge a complaint with the supervisory authority, especially in the EU member state of their habitual residence, place of work, or place where the alleged violation occurred, if they believe that their personal data processing violates the GDPR. The supervisory authority is the Office for Personal Data Protection (Úřad pro ochranu osobních údajů), located at Pplk. Sochora 27, 170 00 Prague 7, website: uoou.cz.

  • Right to withdraw consent: If the processing is based on the consent of the data subject as stipulated in Article 7 of the GDPR, the data subject may withdraw this consent at any time.

To exercise their rights or in case of any questions or complaints, the data subject may contact the data controller by mail or email at the address stated in the “Contacts” section of this information.

XI. UPDATES TO OUR PERSONAL DATA PROCESSING INFORMATION

These Personal Data Processing Information (including any amendments) may be regularly updated by the controller to reflect changes in the controller’s personal data protection practices and updates to legal regulations. Regarding significant changes, data subjects will be notified by means of a notice published on the controller’s website, which will include the effective date.

XII. PRINCIPLES OF USING COOKIES

Operators of websites use cookies to obtain information about visitors and to store their preferences in the online environment. Cookies are text files containing a small amount of information, which are stored on the visitor’s device when visiting the website. Upon the visitor’s next visit, these files are sent back to the website. This is useful because it allows the website to recognize the device. Cookies do not harm the device. Full use of the administrator’s website requires the use of cookies. If the visitor wants to disable cookies, they will probably still be able to browse the website specified below, but some functions will no longer be available. Most web browsers have cookies enabled by default.

The administrator operates the website, listed below in Article XIII. “CONTACTS” (hereinafter the “Site”). Temporary cookies may be used on the Site, which are automatically deleted after the browser is closed, or persistent cookies, which remain stored on the visitor’s device. The following categories of cookies are used on the Site:

  • Basic cookies: These cookies allow navigation on the Site and the use of its features.

  • Operational cookies: Information collected through these cookies is used to better understand visitors to the Site and how they interact with it.

  • Functionality cookies: These types of cookies remember visitors’ choices (e.g., language preference). They can provide visitors with convenience during the use of the Site and tailor further visits according to their preferences. They cannot track user activity on other websites.

  • Web beacons: These are pixel technologies that, in combination with cookies, allow the Site operator to determine the number of visitors to the Site.

XIII. CONTACTS

n case of any questions or comments regarding this information on personal data protection, or in case of exercising rights by the data subject, the following contacts of the data controller can be used:

OPTIMA RECRUITMENT EUROPE, s.r.o.
Postal address: V Jámě 1371/8, Prague 1
E-mail : gdpr@optima-recruit.cz
www.optima-recruit.cz

XIV. VERSION OF THE INFORMATION, EFFECTIVENESS

Effective date: September 1, 2020