- Personal data protection under the Regulation on the Protection of Personal Data (GDPR)
In order to conduct restaurant operations, Scopewit – Swits collects and uses information identifying natural persons (also called ” personal data “), including information about our future, current and former employees as well as persons cooperating under civil law contracts.
As part of our commitment to personal data protection, we would like to inform you in a transparent manner:
- why and how Scopewit – Swits collects, uses and stores your personal data;
- on what legal basis are these personal data processed and
- what are your rights and our obligations in relation to this processing.
Swits terminal – This is terminal were admin person from Scopewit company create an account for a client on there request, This created terminal called as CLIENT TERMINAL, To create client terminal scopewit collect basic information like “name of the company”, “Court registration Number” “contact person detail”. Swits or scopewit don’t have direct access or indirect access to enter client terminal and to check any data from clients terminal, only Swits will receive number of employee register to process plan limitations
This policy applies to all forms of our use of personal data (” processing “) in Poland in relation to personal data of candidates for work at Scopewit – Swits, regardless of the legal basis of employment.
- What type of personal data do we collect?
- Candidate Data
- Mandatory details of candidates
We collect from the Candidates the basic data indicated in art. 22 1 § 1 of the Labor Code, such as first name (names) and surname, date of birth, education, course of employment, as well as other personal data, when it is necessary to fulfill the employer’s obligation imposed by law. Providing this data by the Candidates is a statutory requirement (in the case of Candidates employed under an employment contract). The consequence of not providing data is the inability to find employment.
In the case of Candidates who are not Polish citizens, we can collect data from identity documents – to the extent it is necessary to demonstrate compliance with legal obligations in relation to the relevant authorities responsible for immigration policy.
- Other data collected from Candidates
When filling out paper personal questionnaires on the forms used by Scopewit – Swits , electronic forms placed on websites or sending CVs, you can also provide other data. Providing this data by the Candidates is completely voluntary, but it may contribute to a better understanding of Scopewit – Swits of your candidacy.
- Data collected from other sources
Scopewit – Swits may also collect personal data indirectly from entities providing recruitment services or employment agencies, as well as websites enabling contact between employers and job candidates, if there is an appropriate legal basis (e.g. you consented to send your application to Scopewit – Swits . By acquiring such information, Scopewit – Swits will not unduly interfere with the privacy of the Candidate, will be limited only to personal data from the professional area and will process such data only for purposes related to recruitment.
We may receive the data referred to in points 3.1.1 and 3.1.2 from entities providing recruitment services.
- Sensitive data
The personal data we process may also include special, particularly sensitive categories of data, such as information regarding the degree of disability.
Such categories of data will be particularly protected by Scopewit – Swits . In particular, such data will not be disclosed to any unauthorized persons.
- On what legal basis and for what purposes do we process personal data?
- Legal basis for data processing
We cannot process personal data unless we have a valid legal basis. Therefore, we process personal data only if:
- the processing is necessary to fulfill contractual obligations towards you or according to your request is necessary to take specific actions before the conclusion of the contract, e.g. to carry out the recruitment process;
- processing is necessary in order to comply with our legal obligations, such as submitting reports or information to relevant offices (e.g. Social Insurance Institution) or is explicitly required by law (e.g. Article 22 1 of the Labor Code);
- processing is necessary for the pursuit of legitimate interests Scopewit – Swits and does not unduly affect your interests or fundamental rights and freedoms. Please note that when processing personal data on this basis, we always try to balance our legitimate interest and your privacy;
Such “legitimate interests” are:
- meeting our corporate and social responsibility goals;
- determination or enforcement by Scopewit – Swits of civil law claims as part of the business, as well as defense against such claims;
- measures taken to maintain operational activities (e.g. employment planning, budget planning, space planning, etc.).
- in some cases where we have obtained your prior consent.
- Legal basis for processing sensitive data
Special categories of personal data (i.e. personal data revealing racial or ethnic origin, political views, religious or beliefs, trade union membership as well as genetic data, biometric data or data on health, sexuality or sexual orientation) may be processed by Scopewit – Swits only in special cases, i.e. when processing is necessary to fulfill our obligations arising from employment, social security or social protection – this applies to personal data including the degree of disability and specific rights associated with it.
- Data processing agreement
If we process your personal data on the basis of consent, it can be revoked at any time as easily as it has been given. Failure to consent to the processing of data that you are not required to provide will not result in the refusal to enter into an employment relationship with the Candidate, and its cancellation will not have negative consequences for the Candidate.
- Purpose of data processing
We always process your personal data for a specific purpose and only process personal data that is necessary to achieve it. In particular, we process candidates’ personal data in order to:
- undertaking recruitment activities;
- preparation of contracts for the employment of candidates for scheduling;
- managing clients employee records;
- compliance with all legal obligations imposed on Scopewit – Swits in relation to the clients Candidates.
5 How do we protect personal data?
All employees accessing personal data, in particular companys managers terminal and clients company managers, must comply with internal policies and processes related to the processing of personal data in order to protect them and ensure confidentiality. They are also required to comply with all technical and organizational security measures put in place to protect personal data.
We have implemented appropriate technical and organizational measures to protect Candidates’ personal data against unauthorized, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access, and against any other illegal forms of processing. These security measures have been implemented taking into account the state of the art, implementation costs, processing risks and the nature of personal data, with particular regard to sensitive data.
6 Who has access to personal data and who is it transferred to?
Swits do not have any direct or indirect access to clients employ data, scopewit and its product Swits receive information number of workers join to clients terminal in form of numbers refer to Number S.1
Clients terminal will be responsible for employee data and confidentiality as they will manage and update in clients terminal
6.1 Transfer of data to third parties
We may transfer personal data to recipients and other third parties to achieve the purposes listed in point 4.4 to the extent that they are necessary for them to perform the tasks we have ordered, if required by us by law or if we have another legal basis (e.g. you have agreed to the transfer of data). The recipients or other third parties may be considered:
- entities processing personal data on behalf of Scopewit – Swits, such as:
- our IT system and hosting service providers such as auditing company and Human Resources company directly from client terminal to them
- entities providing document archiving services.
These types of entities do not decide for themselves how to process your personal data. Processing of personal data by them takes place only to the extent that it is necessary for Swits operations by Scopewit Sp.zo.o.. Scopewit – Swits has control over the operation of such entities by means of appropriate contractual provisions protecting your privacy.
- entities such as:
- legal or tax advisers;
- courier or postal service providers;
These types of entities are independent data controllers, which means that Scopewit – Swits has no influence on how and to what extent they process your personal data. Scopewit – Swits is not responsible for the compliance of such entities’ activities with regulations.
- any national public administration authorities, authorities of other EU Member States (e.g. authorities established to protect personal data in other Member States) or courts, if required by applicable national or EU law or at their request.
6.2 Data transfer outside the European Economic Area
Personal data transferred to third parties may also be processed in a country outside the European Economic Area (” EEA “), which includes EU Member States, Iceland, Liechtenstein and Norway. Non-EEA countries may not offer the same level of personal data protection as EEA countries.
If your personal data is transferred outside the EEA, Scopewit – Swits will put in place appropriate safeguards to ensure that such transfers are carried out in accordance with applicable data protection rules. To ensure an adequate level of personal data protection ,Scopewit – Swits may, for example, use a contract for entrusting the processing of data with a third party recipient based on standard contractual clauses approved by the European Commission or ensure that the transfer takes place within the jurisdiction that is the subject of the European Commission decision on the appropriate protection of personal data. You can also ask for additional information in this regard and obtain a copy of the relevant security, exercising your rights set out in point 8.
7 How long do we keep your data?
We only store personal data for as long as necessary to achieve the purpose for which it was collected or to comply with legal requirements.
Candidates’ personal data is processed throughout the entire recruitment process. After this time, the personal data of the Candidates regarding information on recruitment will be processed for the limitation periods of civil law claims in order to enable Scopewit – Swits to defend against possible claims or to pursue such claims if there is a risk of such claims being raised by or in relation to Scopewit – Swits; as a rule, it is a period of no more than 3 years from the end of the recruitment process and contract with client terminal .
However, if you want your personal data to be removed from our databases, it is possible to submit an application in accordance with the information contained in point 8, which we will consider in the manner specified therein.
If you give your consent, your personal data may be stored for the purposes of their use in further recruitment conducted by Scopewit – Swits for a period of up to 2 years.
8 What are your rights and how can you exercise them?
The candidate has the right to access his personal data processed by Scopewit – Swits . If you believe that any information about you is incorrect or incomplete, you also have the right to request that it be rectified as specified in Section 8.2. below. Scopewit – Swits will correct such information immediately.
You also have the right to:
- withdraw your consent if Scopewit – Swits has obtained such consent for the processing of personal data (provided that such withdrawal does not violate the lawfulness of data processing carried out prior to withdrawal);
- request removal of your personal data;
- request to limit the processing of your personal data;
- objecting – for reasons related to your particular situation – to the processing of your personal data (including profiling), if such processing is carried out for the purpose of pursuing the public interest or legitimate interests of Scopewit – Swits;
- transferring data, i.e. receiving personal data provided to Scopewit – Swits in a structured, commonly used and machine-readable format, and to request that such personal data be sent to another personal data administrator, without hindrance from Scopewit – Swits and subject to his own confidentiality obligations.
Scopewit – Swits will verify your requests, requests or objections in accordance with applicable provisions on the protection of personal data. However, it should be remembered that these rights are not absolute; regulations provide for exceptions to their application.
8.2 Exercise of your rights
If you are not satisfied with the way Scopewit – Swits processes your personal data, please inform us about the problem and we will investigate any irregularities. Please report your concerns as indicated above.
If you have reservations about the Swiss response, Scopewit Spo.zo.o. you can also submit a complaint to the competent data protection authority. In Poland, this body is the President of the Office for Personal Data Protection.
In order to ensure the timeliness and accuracy of personal data, we may periodically ask you to check and confirm the personal data we hold about you or to inform us of any changes regarding this personal data (such as e.g. change of address or contact telephone number). We encourage candidates to regularly check the correctness, timeliness and completeness of personal data processed.
This policy was updated on October 1, 2019 and may be subject to further changes. If required by law, any information regarding future changes or additions to the processing of personal data described in this policy, which may apply to your person, will be forwarded to you via the appropriate form of communication usually used in Scopewit – Swits.