VII. PROCESSING OF PERSONAL DATA IN RECRUITMENT PROCESSES  

As SEAM Group, we recruit for our own needs and for customers, to whom we provide specialist delivery services or specialist teams, so-called body leasing. Therefore, we would like to inform you that the data of the User – candidate (hereinfrom in this chapter: candidate) may also be processed by SEAM Group customers, as mentioned in the content of the job advertisement, indicating that we are recruiting for the customer. 

The legal basis for the acquisition and processing of Personal Data for recruitment by SEAM Group is the candidate’s consent (Article 6 (1) (a) of the GDPR). At the same time, we would like to inform you that by agreeing to the recruitment processes, this consent will apply to both recruitment for a specific position included in the job advertisement, and for future recruitment for similar positions tailored to the profile and professional experience. As a candidate, you can withdraw your consent to further processing at any time, in accordance with Chapter VIII of this Policy, which, however, does not affect the lawful use of Personal Data in activities carried out on the basis of consent before its withdrawal. 

However, it is important to emphasize that there is a specific scope of Personal Data obtained from the candidate, which results directly from the law – art. 22¹ § 1 of the Labor Code, which fills in art. 6 sec. 1 point c GDPR – a legal provision authorizing or obliging to obtain and process Personal Data. These are the following data: 

• (First name(-es) and surname; 
• Date of birth; 
• Contact details provided by the User in the CV / cover letter; 
• Education; 
• Vocational qualifications; 
• The history of previous employment. 

Other data, incl. regarding the assessment of the candidate’s competences from previous employers, public image, SEAM Group acquires on the basis of the candidate’s voluntary consent.  

As far as the sources of obtaining Personal Data for the purpose of recruitment processes are concerned, these are the following: 

• Candidate applications submitted in response to job advertisements posted on portals such as pracuj.pl and on our website SEAM Group (https://www.seamgroup.com/about-us/careers/)
• Candidate’s referral system.   
  In this situation, the recommending person enters his data and the data of the recommended person and places a CV under the form with the User’s data. SEAM Group verifies the CV of the recommended person, received from the recommending person, in terms of the consent of the recommended person to the processing of Personal Data that meets the requirements of the GDPR. If the consent has been concluded, SEAM Group has the right to use this data for recruitment processes. 
• Direct contact with the candidate via social networking sites LinkedIn, Goldenline (so-called headhunting).  
  The SEAM Group recruiting employee contacts the candidate directly from LinkedIn / Goldenline level, sends a request for the candidate’s interest in the presented job offer and further contact. After receiving information about the interest in the offer, the employee registers the candidate in the CRM system by entering only the first and last name and contact details available on the candidate’s profile on LinkedIn / Goldenline, generates a special form to obtain consent for recruitment processes, while the recruitment is continued. Once the candidate accepts this special form, SEAM Group is entitled to carry out future recruitments – sending the candidate new job offers. 
• CV sent by the candidate on his / her own initiative via the form on SEAM Group web site

Recruitment for the needs of customers  

As mentioned at the beginning of the chapter, SEAM Group recruits for its own needs and for its customers. Recruitment for customers is carried out: 

• By posting a job advertisement with information about recruitment for the customer. 
• Contact with the candidate already registered in our CRM database, in connection with participation in the previous recruitment, with the consent given to SEAM Group for the processing of Personal Data for the purpose of carrying out future recruitment processes. 
• Direct contact with the potential candidate via social networking sites LinkedIn, Goldenline (so-called headhunting). 

Generally, SEAM Group first recruits, conducts interviews and technical tests (verification of practical skills). The result of the interview is a decision whether the candidate will be offered to the customer or not. If so – the recruiting employee prepares a CV in a special format, consisting of the candidate’s data such as: name, date of birth, description of education, work experience, completed courses and training.   
The CV prepared in this way is forwarded to the customer by an employee representing SEAM Group in contacts with the customer. The customer verifies the candidate presented and decides whether they wish to conduct an interview. If so – the customer arranges an interview with the candidate through the SEAM Group employee responsible for contact with the customer. After the interview, the customer decides whether or not to hire a candidate.  

In the context of Personal Data provided to the customer and processed by him, the following issues are relevant: 

• SEAM Group is the Administrator of personal data – it acquires data and processes it for the purpose of the recruitment process for work for the customer. The processing of Personal Data is based on the candidate’s consent to recruit (Article 6 (1) (a) of the GDPR). 
• Transfer of Personal Data to the customer based on the legitimate interest of SEAM Group as the Personal Data Controller(Article 6 (1) (f) of the GDPR) in the form of their disclosure. The legitimate interest is manifested in ensuring the implementation of the cooperation agreement concluded with the customer for the preparation and delegation of a candidate-specialist or a team of candidates-specialists to perform the work specified in the cooperation agreement. Importantly, at the very beginning of the recruitment process, the candidate receives information that the recruitment is carried out for the customer’s needs, to perform work for them. The aforementioned consent applies to situations when SEAM Group verifies the submitted application.  
• The customer becomes a separate administrator of personal data, independently provides the appropriate legal basis for the processing of the received personal data of the candidate. It obtains consent (or provides another legal basis from the GDPR) and sends an information clause to meet the GDPR requirement of art. 13-14.   
• The personal data of the candidate recruited to the customer is stored by SEAM Group for a period of 2 years counted from the end of the recruitment. Importantly, this only applies to candidates rejected by the customer – who have not been hired.  
• It results from the provisions in the contracts with each customer: a clause concerning the prohibition of re-offering the candidate and his professional profile for 2 years, in a situation where the candidate has already participated in the recruitment completed with a negative result. 
• The candidate always has the right to withdraw consent to the processing of Personal Data, without affecting the actions taken before its withdrawal. As for the withdrawal of consent for SEAM Group (i.e. recruitment for SEAM Group’s internal needs), the procedure is described in Chapter VIII of this Policy. However, when it comes to the customer, the candidate contacts the customer using contact details provided in the information clause. 
• The candidate may object to the transfer of Personal Data by SEAM Group to the customer, the processing of his data by the customer. The objection will be considered by SEAM Group, the data will be deleted, however this is equal to the candidate’s resignation from participation in the recruitment process. this means the candidate’s resignation from participation in the recruitment process. 

An important issue in recruiting for customers are additional requirements on the part of some customers to carry out the so-called background check. This process consists of verifying the information provided by the candidate in the CV: information about education, work experience, completed courses, training, language skills (level of proficiency in foreign languages). Verifications are carried out by SEAM Group in accordance with the requirements specified in the cooperation agreements. They are followed by, among others: 

• Certificates and diplomas, 
• References from previous employers 

In addition to the above, the customer may require a background check extended to include information on criminal record, credit history, and financial matters (debt). In Poland, there is a general prohibition of verification of the abovementioned information, except for the exceptions specified directly in Polish law (banking law, provisions on the rules for obtaining information on a clean criminal record, etc.). Therefore, in contracts with customers, SEAM Group agrees that the background check of the information contained in the CV is carried out by SEAM Group, and in the field of no criminal record, credit history, and financial matters, the customer conducts the background check on the candidates.  

Transfer of personal data between SEAM Group companies with regards to recruitment purposes 

Recruitment processes are conducted by SEAM Group independently, however, there are situations where SEAM Group seeks and recruits a candidate together with its subsidiaries. Such situations are related to recruitment for customers, especially those with extensive structures – with branches in many countries, which means that work for customers is carried out jointly, the supply of specialists or teams of specialists is carried out jointly. Joint recruitment allows the Subsidiaries to have access to the Personal Data of candidates in the CRM system belonging to SEAM Group. 

In the context of the GDPR, the candidate’s Personal Data is shared with the customer. The legal basis for disclosure is a legitimate interest (Article 6 (1) (f) of the GDPR) resulting from the concluded body leasing contract with the customer, in which the customer requires the transfer of Personal Data in order to verify the candidates presented and their professional competences, whether they are adequate for the service that the Specialists would perform. 

Automated decision-making, including profiling

We will not make automated decisions about you that would produce legal effects on you or similarly affect you.