FOR CANDIDATES IN RECRUITMENT PROCESSES (“Policy”)
Last update: December 2022
This Policy applies to all your personal data that we process during our recruitment processes.
By providing you with this Policy we fulfil our obligations under Articles 13 and 14 of GDPR (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).
Regardless of the way we inform you about the positions we offer, the recruitment process takes place each time taking into account the principles of personal data processing described below.
If you are interested in participating also in the future recruitment processes, we kindly ask you to include the following consent in your application (which enable us to use your CV for future recruitment processes):
“I consent to use my personal data contained in my recruitment application (including my CV) and provided during the recruitment process in the future recruitments that will be conducted by Anshar Studios S.A.“.
- Controller of your data
The Controller, i.e. the entity that decides how and for what purpose your personal data will be processed, is Anshar Studios S.A. with its registered office in Katowice (40594), 10 Gallusa St., a company entered into the registry of entrepreneurs of the National Court Register under the number (KRS): 0000489367, registry documentation is kept by the District Court for the city of Katowice, VIII Commercial Division of the National Court Register Tax Identification Number (NIP): 6342820399, share capital: 287,500 PLN, fully paid (hereinafter the “Controller” or “Anshar”).
- Contact details
If you have any questions about the use of your personal data in connection with the recruitment process or you want to exercise your rights regarding your personal data, please contact us using:
- e-mail address: email@example.com;
- our address indicated in Section I above;
- electronic contact form available on our Website.
- Purpose, the legal basis of processing of your personal data
Your personal data will be processed for the following purposes and on the following legal bases:
- in case of the personal data specified in Article 22(1) of the Labour Code data, i.e. data required from candidates for employment on the basis of an employment contract – we process such data in order to fulfil a legal obligation imposed on the Controller (legal basis: Article 6(1)(c) GDPR);
- in case of other data than those indicated above – we process it in order to assess your candidature, make you an offer of employment or take other actions prior to concluding a contract (legal basis: Article 6(1)(b) GDPR – processing is necessary to take action at the request of the data subject before entering into a contract);
- to the extent that the data is not required by labour law (including if the recruitment does not concern employment under a contract of employment) or by the Controller in the recruitment process, i.e. when the application documents you send or the information you provide contain personal data not required by law or by the Controller – we process such data in order to assess your candidature, to present you with an offer of employment or to take other actions before concluding a contract (legal basis: Article 6(1)(a) GDPR – consent to the processing of personal data, expressed through a clear affirmative action such as sending application documents and/or providing the information);
- in case of the personal data collected from publicly available professional profiles on professional social networks (like LinkedIn or other professional social networks) – we process such data to verify your qualifications and skills (legal basis: Article 6(1)(f) GDPR i.e. the Controller’s legitimate interest in analyzing and verifying publicly available (on a professional profile) information on experience and education in relation to the information contained in your application);
- for the purpose of future recruitment (provided that you have given your consent in this regard) (legal basis: Article 6(1)(a) GDPR – consent to process personal data for future recruitment);
- for the purpose of establishing and asserting claims relating to recruitment, employment and cooperation, or defending against such claims (legal basis: Article 6(1)(f) GDPR – the Controller’s legitimate interest in establishing and safeguarding or defending against claims);
- in order to comply with legal obligations, including accounting, tax, labour law, related to the inspection of an authorized state authority or other statutory obligations (legal basis: Article 6(1)(c) GDPR – performance of an obligation imposed by law).
- The source of the personal data processed by the Controller
We may receive your application directly from you i.e. via e-mail or Discord (art. 13 GDPR). As a rule, in case of online recruitment processes, Anshar does not collect data on its own directly from the candidate but uses the external recruitment portal. Your data included in the submitted application, including your name, surname, e-mail address, CV, documents is provided to Anshar via SkillShot portal (art. 14 GDPR).
In the event of an application for employment on the basis of a contract of employment, this may include, in particular, the data indicated in Article 22(1) § 1 of the Labour Code, which entitles the Controller to request them from the candidate. In addition, in order to properly consider the application, the Controller may in some cases supplement the data collected from the candidate with further information, also in order to verify the data already collected by consulting the candidate’s professional profile on publicly available professional portals, such as data on the candidate’s skills, experience, education or previous jobs available on this profile.
Anshar may also collect personal data about the candidate from sources other than directly from the candidate or from the candidate’s profile on the professional portal (Article 14 GDPR). In this case, consent will be obtained from the candidate for the processing of such data in each case.
Anshar does not process the special categories of personal data within the scope of the recruitment process.
- Recipients of your personal data
In connection with the processing of data for the aims referred to in point III, the recipients of your personal data may be entities in the following categories:
- members of staff of the Controller and of the Controller’s affiliated companies (Anshar Investments S.A. and Anshar Publishing sp. z o.o.) involved in recruitment, including recruitment meetings;
- entities providing recruitment services to Anshar and their personnel, including affiliated company – Anshar Investments S.A. supporting Anshar in HR processes;
- entities providing services to Anshar in relation to the supply and operation of the IT systems, including hosting providers, email system providers, instant messaging providers (e.g. Confluence system provider – Atlassian Pty Ltd, slack messaging provider – Slack Technologies Limited, MS365 system provider, including email system and cloud solutions – Microsoft Ireland Operations Limited);
- entities providing legal services for pending proceedings before common courts and public administration bodies, as well as for ongoing legal services.
- Duration of processing your data by Controller
Your personal data will be retained for the period necessary to fulfil the purposes set out in this Policy. Your personal data will be deleted at the end of the recruitment process (i.e. after we have hired the person(s) for the position currently being offered or after we have informed you that we have decided not to make an offer of employment).
An exception to this is where you have given us your consent to process your personal data for future recruitment processes – in this case, your personal data will be processed in subsequent recruitment processes for the same or a similar position, but for no longer than 1 year after you have given your consent, as well as when we are required by law to keep your personal data for longer.
Your personal data will be processed for a further period of time if you accept an offer of employment or enter into another type of cooperation agreement. You will be informed separately about the rules for processing your personal data in such a case.
- Your rights towards the Controller regarding the data processing
In relation to the processing of your personal data by the Controller, you have the right to:
- object to the processing of your data where the basis for the processing is the legitimate interest of the Controller in accordance with Article 6(1)(f) GDPR. In this case, we will no longer process that personal data unless we can demonstrate the existence of valid, overriding, legitimate grounds for the processing, or grounds for establishing, asserting or defending claims;
- withdraw consent at any time. This withdrawal shall not affect the compatibility of the processing carried out on the basis of consent before its withdrawal. The withdrawal of consent may be done by sending a communication to this effect to our e-mail or postal address indicated in point II;
- request the Controller to access its data;
- request the Controller to rectify its data;
- request the Controller to delete data to the extent provided for by law;
- request the Controller to restrict the processing of your data;
- portability of your data if the processing is carried out by automated means and if the data are processed in connection with an agreement.
If you become aware of unlawful processing of your personal data by the Controller, you have the right to lodge a complaint with the President of the Personal Data Protection Authority (address: ul. Stawki 2, 00-193 Warsaw, more information at: https://uodo.gov.pl/pl/p/kontakt).
- Voluntariness of providing personal data
Your provision of personal data to us is voluntary, however, failure to provide data required by the Controller (including in the recruitment advertisement) or by law will result in your inability to participate in the recruitment.
- Subjecting your data to automated decision-making, including profiling
Your data will not be subjected to automated decision-making, including profiling, i.e. no decisions producing legal effects on you or similarly significantly affecting you will be based on automated decision-making.
- Transferring your personal data outside the EEA
Due to the fact that Anshar uses IT tools whose suppliers are based outside the European Economic Area, when it is not possible to choose the location of data storage within the EEA, your data may be transferred outside the EEA. In such cases, Anshar shall verify in advance in each case whether contractors located outside the EEA ensure a high level of protection of personal data and whether an adequate level of protection of personal data is guaranteed by the legislation of the third country to which personal data would be transferred (including, in particular, whether the European Commission has issued a decision finding an adequate level of protection of personal data in such country). The safeguards applied by us in such cases include, in particular, the use of standard contractual clauses approved by the European Commission. Anshar shall also provide appropriate technical safeguards in each case.
In order to obtain a copy of the European Commission’s decision or standard contractual clauses from Anshar, you may contact us using the data indicated under point II.
- Changes to this Policy
Anshar may modify or update this Policy when necessary to reflect changes in our recruitment process, so, please review it periodically. When we update this policy, we will revise the “Last Updated” date at the top of the statement.