In accordance with the EU General Data Protection Regulation (2016/679, “GDPR”) and the applicable national legislation (including Finnish Data Protection Act 1050/2018).
This recruitment privacy notice shall become effective as of 26 March 2020.
MacWell Creative Oy (hereinafter referred to as “MacWell”, “us” or “we”) respects your (the data subject’s) privacy and is committed to protecting your personal data, which is any information that can identify you as an individual person.
MacWell is a personal data controller. This means that we are responsible for deciding how we hold and use personal data about you. This Recruitment Privacy Notice (“Privacy Notice”) is aimed at informing you of how we handle and protect your personal data relating to MacWell’s recruitment processes. It provides you with certain information that must be provided under the GDPR and the Finnish Data Protection Act.
This Privacy Notice only applies to the personal data of job applicants and potential candidates for employment. It does not apply to our employees, contractors or clients, or other personal data that MacWell collects for other purposes. We will process your personal data in accordance with this Privacy Notice, unless such processing conflicts with the requirements of applicable law, in which case, applicable law will prevail.
By submitting your personal data to us, you acknowledge that:
- You have read and understood this Privacy Notice and agree to the use of your personal data as set out herein.
- You are not required to provide us with any personal data described in section 4 of this Privacy Notice, but failing to do so may result in not being able to continue your candidacy for the job for which you have applied.
- All of your representations are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature. Providing any inaccurate information may make you ineligible for employment.
- This Privacy Notice does not form part of any contract of employment offered to candidates hired by MacWell.
- Information on Data Controller
Name: MacWell Creative Oy
Business ID: 2075601-6
Address: Meritullinkatu 11 D, 00170 Helsinki
Please contact us at hr@macwell.fi if you have any questions with regards to the protection of your personal data or if you wish to exercise your legal rights.
- Purpose of processing personal data
We collect and use your personal data for purposes relating to our recruitment process, including:
- evaluation and selection of candidates for potential employment, as well as for future roles that may become available;
- communication related to the recruitment with applicants;
- organisation of interviews and assessment tests;
- evaluation of interviews and reviewing the results of assessment tests;
- recordkeeping in relation to recruiting and hiring;
- making offers and providing contracts of employment;
- conducting pre-employment checks, i.e. determining your legal right to work in Finland; and
- responding to legal claims and defending against litigation in the event of potential disputes between MacWell and the job applicant.
- Collection of personal data
We only collect and process your personal data directly provided by you, provided by you via posts/emails and/or through job interviews (phone/face-to-face).
Sensitive personal data is a subset of personal data and includes ethnicity, political opinions, religious or philosophical beliefs, health, trade union membership, genetic, biometric, sexual orientation or sex life, as well as other categories as prescribed by law. We do not seek to obtain and will not collect such data about a candidate unless permitted to do so by applicable law. If you provide us with any information of this nature you explicitly consent to it being processed in the manner described in this Privacy Policy.
- Categories of the personal data
We may collect and process the following personal data directly needed in connection with the recruitment process and the possible employment of the applicant by MacWell:
- your name and contact details, such as telephone number, e-mail address and home address;
- your country of residence;
- your job application and other information related to the recruitment process, such as language skills, employment and education details and other information provided by you in your resume/CV, diploma or any other documents/information disclosed by you to us;
- correspondence between you and us as well as data collected during the job interview; and
- information from assessment test.
- Legal basis for processing
Personal data is being processed on the basis of one or more of the following:
Legitimate interest
We process your personal data pursuant to our legitimate interest for the recruitment process (GDPR Art. 6.1(f)). As a job applicant you can reasonably expect your personal data to be processed for the purposes described above in section 2, and based on the balanced interests of the data subject and the controller, the processing is justified, as the envisaged effects of such processing are favourable to the data subject, and, as the processing is subject to measures protecting the interests of the data subject (such as ensuring information security in accordance with section 9). The controller has the right to process personal data under a legitimate interest, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
Legal obligation
We also process your personal data to comply with our legal obligations under employment laws and other applicable laws (GDPR Art. 6.1(c)). This is the case, for example, when we process personal data for the provision of the statutory obligations of the employer, such as ensuring that a foreign person has the right to work in Finland.
Contract
We process your personal data when processing is necessary in order to take steps at the request of you prior to entering into a contract between you and MacWell (GDPR Art. 6.1(b)).
Consent
We process your personal data when we have your consent (GDPR Art. 6.1.(a)) or explicit consent (GDPR Art. 9.2 (a)) to do so. If the processing is based on a consent, you have the right to withdraw your consent at any time, which means that the information can no longer be processed by MacWell, unless the processing can be based on another legal basis. Exercise of the right does not affect the lawfulness of the processing carried out prior to the withdrawal of consent.
- The recipients/categories of recipients of the personal data
We use Microsoft Office 365 services for our day-to-day business operations. Our emails, including personal data related to you, are stored on secure server operated by Microsoft within the EU and on our internal system. In rare situations your personal data may be transferred to the USA by Microsoft and processed there. Microsoft is effectively certified under the EU-US Privacy Shield.
Your personal data may be accessed by recruiters and interviewers working at MacWell. Individuals performing administrative functions and IT personnel within MacWell may also have a limited access to your personal data to perform their jobs.
In addition, we may disclose information to the competent authorities in order to fulfil our statutory obligations.
- Transfer of personal data to recipients in countries outside the EU/EEA
We do not transfer your personal data to any other recipients in countries outside the EU and EEA.
- Data storage period
MacWell retains your personal data as long as necessary for the purposes for which your personal information has been collected or for complying with the statutory obligations of MacWell. The data shall thereafter be destroyed unless legal basis for their continued processing remains.
Should you apply for a specific vacant post, the application and your personal data shall be stored during the recruitment process and will be stored for a maximum of one (1) year after the recruitment decision has been made.
Should you send us an open application, we shall retain the application and your personal data for a maximum of one (1) year following the submission of the application.
With your consent, your personal data shall also be stored for future job opportunities for a maximum of one (1) year after the recruitment decision has been made.
If you become one of our employees, any personal data provided by you may become part of your file, and a different retention period will apply based on requirements in applicable legislation.
- Principles of data security
We have implemented appropriate technical and operational measures to protect personal data from loss, misuse, alteration, or destruction, including: access control, firewalls, and password arrangements.
Only authorised personnel of MacWell are provided access to electronically stored personal data, and these employees are required to treat this information as confidential.
Any manual material is stored in a locked cabinet to which only separately authorised persons have access.
- Automated decision-making, including profiling
Personal data mentioned above in section 4 is not subject to automated decision-making.
- Rights of the data subject
You have the following rights, which may be restricted according to the GDPR and the applicable legislation. You may exercise these rights by contacting MacWell, preferably in writing and by e-mail using the contact information provided in section 1.
The right of access
You have the right to obtain from MacWell, upon request, confirmation as to whether or not personal data concerning you is being processed, and access to your personal data, and information concerning the processing of your personal data.
The right to rectification
You have the right to obtain from MacWell without undue delay the rectification of inaccurate personal data concerning you, and the completion of incomplete personal data.
The right to erasure
You may ask MacWell to erase personal data concerning you, for instance, in following situations:
- the personal data are no longer required for the purposes for which they were collected or otherwise processed;
- you withdraw consent of processing and no other grounds for processing exist;
- you object to processing under the legitimate interest of MacWell;
- your personal data have been unlawfully processed; or
- your personal data must be erased in order to comply with legal obligation applicable to MacWell.
The right to restriction
You have the right to obtain from MacWell a restriction of the processing of personal data where one of the followings applies:
- You contest the accuracy of the personal data. In such cases, the processing will be restricted for a period enabling MacWell to verify the accuracy of the personal data.
- The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead.
- MacWell no longer needs the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims.
- You have objected to the processing of the personal data for purposes other than direct marketing and is awaiting verification on whether the legitimate grounds of MacWell override those of yours.
The right to portability
If you have provided your personal data to MacWell, you have the right to receive and to transfer such personal data to another data controller if:
- the processing is carried out by automated means; and
- the processing is based either on your consent or the processing of personal data is necessary for the implementation of pre-contractual measures at the request of you.
You do not have the right to transfer data from one system to another if such personal data is processed on the basis of the legitimate interest or legal obligation of MacWell.
The right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on legitimate interest of MacWell.
The right to lodge a complaint
You have the right to lodge a complaint with the competent supervisory authority if you consider that processing of personal data breaches your rights pursuant to applicable law.
Tietosuojavaltuutetun toimisto (Office of the Data Protection Ombudsman)
Ratapihantie 9, 00520 Helsinki
- Revision of our privacy notice
We keep our privacy notice under regular review and thus the notice may be subject to changes. The date of the last revision of the privacy notice can be found on the top of the page.