This Candidate Privacy Notice (the “Candidate Privacy Notice”) explains how Smartlynx Group of companies (‘we”, “us”, “Smartlynx”, “Smartlynx Group”) comply with applicable privacy requirements and how we deal with your personal data for recruiting purposes that you provide us via our website or any other websites of companies of Smartlynx Group or we get it via other recruitment sources, such as recruiting agencies, job search portals, publicly accessible business-related special media sources (such as LinkedIn) and other.
Smartlynx Airlines SIA is the data controller of personal data processed for the purposes of recruitment in Smartlynx Group.
Any other company(-ies) of Smartlynx Group (the Smartlynx Group includes these companies Smartlynx Airlines SIA, Smartlynx Airlines Estonia OÜ and Smartlynx Airlines Malta Limited) is the joint controller with Smartlynx Airlines SIA when you apply to its (their) position or agree that your personal data would be shared within the companies of Smartlynx Group for the recruiting purposes.
Smartlynx Airlines SIA information:
Address: Mazrudas, Marupe municipality, LV-2167, Latvia
Phone: +371 67207392
E-mail: [email protected]
Data Protection Officer e-mail address: [email protected]
This Candidate Privacy Notice expresses Smartlynx's efforts to be compliant with the European General Data Protection Regulation 2016/679 of 27 April 2016 (the “EU GDPR”) and any applicable national data protection laws.
What is the recruiting purpose?
Collecting and using your personal data for the recruiting purpose – in particular means to determine your qualifications for employment and to make a hiring decision (whether to enter into an employment contract with you). This includes assessing your skills, qualifications, and background for a particular role, verifying your information, carrying out reference and/or background checks (where applicable), and generally managing the hiring process and communicating with you about it.
What personal data we process?
For the above-mentioned purpose we may collect, assess, and store the following personal data about you: name, surname, age or date of birth, your e-mail address, phone number, address or the place of residence, information on language proficiency, computer skills, information about expected salary, educational background, profession, working experience and projects you have been involved with, attended courses, training sessions, seminars, development of qualification, licenses and certificates held, social media accounts, pictures and other information that you may wish to provide in your CV, motivation letter, interviews, also our remarks and assessment of your suitability to perform the duties of a particular position.
Smartlynx is subject to various applicable regulations related to aviation industry, including but not limited Latvian Law “On Aviation” (Section 57.1 “Background Check”) and the Regulations of the Cabinet of Ministers No. 829 “Procedures for Performing a Background Check and Procedures for Issuing and Revoking an Identity Card of a Civil Aviation Crew Member and an Airport Identity Card”, which require conducting background checks and taking other steps before employing employees. Thereby, we may process certain information to ensure compliance with regulations (such as information on criminal and certain administrative convictions, examination of references from previous employers, certifying information on education and other data processing when conducting background check).
We may require you to provide any health information (including appropriate medical certificate) or sensitive information only when there is a valid legal ground for that (for example, medical certificate is mandatory for certain positions to be able to perform duties).
We may approach issuers of your licenses and medical certificates to verify the authenticity of such documens.
The sources we collect personal information from.
We may collect personal data about candidates from the following sources:
· Directly from you;
· Job search portals and recruiting agencies (all above–mentioned personal data);
· From other company of Smartlynx Group (on the basis of your consent to share data within Smartlynx Group);
· Our employees (referrals), your named referees;
· Issuers of your licenses and medical certificates;
· Former/current employers (your qualifications, professional skills, business qualities, performance during previous/current employment, etc.). Please note that we can request such information from your former/current employer only if we have your separate consent for this;
· From publicly accessible sources, such as LinkedIn and other business-related social media sources and/or collaboration platforms, websites or publicly available publications where you have added information about yourself (your full name, e-mail, work history, and other data included on your profile).
The legal basis of personal data processing
When you proactively apply for a job and provide us with your personal information, we regard it as your expression of consent for us to process your personal data for the recruiting purposes.
If we get information about your candidacy and (or) your CV or other documentation from other company of Smartlynx Group, job search portals, recruiting agencies or from publicly accessible sources, such as LinkedIn and other business-related social media sources and/or collaboration platforms we presume that you are aware and consented to such processing of your personal data and it comes as no surprise to you when we contact you as a candidate for the recruiting purposes. In this case we inform you about the source we collected your personal data from on the time of the first communication to you.
We shall collect personal data form (referrals), your named referees, former/current employers or share your personal data with others (e. g. other companies of Smartlynx Group) only if have your separate consent for this.
If you fail to provide personal information
We collect relevant personal information depending on the vacancy which is necessary for processing your application and/or for a pre-contractual relationship with us. It is in our legitimate interests to decide whether to appoint you to the role since it would be beneficial to our business to appoint a suitable candidate. Without required personal information, we are not able to continue the job application process or the selection procedure. If you fail to provide information we request, which is necessary for us to consider your application (such as evidence of qualifications or history of employment), we will not be able to process your application successfully and continue with the application process.
We will process the personal information for the recruiting process for 6 (six) months from getting your application unless the selection process continues longer than the indicated period. The end of the selection process is considered to be the signing the employment contract with selected candidate. If an employment contract has been concluded with you, some of your data will be processed for the entire period of the employment contract under the employee personal data processing policy.
If you are unsuccessful in your application with us (or if you reject the position), but you would like to be in the database of the candidates, under your separate consent the personal data will be stored for 3 years from receiving the consent.
Data sharing inside EEE/EU
We could only disclose your personal information with the following third parties for the purposes of recruitment process: (i) third party services providers acting on our behalf and our instructions (the data processors); (ii) other companies within the Smartlynx group (for example one of the Smartlynx company offering the position that you are applying for, or Smartlynx companies where the responsible HR managers or the hiring manager(s), for your application are located) for all processing purposes identified above; (iii) governmental authorities (local and foreign), courts, law enforcement authorities, external consultants to the extent required or permitted by law. All our third-party service providers and other Smartlynx Group companies are required to take appropriate security measures to protect your personal information. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Your personal information may be transferred to other Smartlynx Group’s companies whenever such is necessary to meet a contractual obligation towards you, and/or in order to process your application and manage the recruitment process (e.g. application for a job in another country; or the position involves managing people in another country; or being managed by someone in that country, or the position you are applying for means managers in another country have a need to know about your personal information). We may also disclose your personal information if you consent to share with other Smartlynx Group's companies for purposes of the recruitment.
Data transfer outside EEE/EU
The recipients (the data processors or independent controllers) of your personal information may be located in countries outside of the EU/EEA, including the UK, and Smartlynx will take the appropriate safeguards as required by the GDPR. In particular:
Your personal information may be transferred to recipients, such as service providers, which are located in countries outside the EU/EEA, in which case Smartlynx will take the necessary measures to protect the personal information: for recipients located outside the EU/EEA, some are located in countries with adequacy decisions pursuant to Art. 45 GDPR, and, in each case, the transfer is thereby recognized as providing an adequate level of data protection from a European data protection law perspective.
Other recipients are located in countries, which do not adduce an adequate level of protection from an EU/EEA data protection law perspective, we will take all necessary measures to ensure that transfers out of the EU/EEA or UK, as the case may be, are adequately protected as required by applicable data protection laws.
For example, we will base the transfer on appropriate safeguards, such as standard contractual clauses adopted by the European Commission (Art. 46(2)(c) or (d) GDPR), or approved certification mechanisms together with binding and enforceable commitments of the recipient (Art. 46 (2)(f) GDPR). You can ask for an information of such appropriate safeguards by contacting us at [email protected].
Depending on the data protection law applicable to you, you may have the right to make a complaint at any time to the relevant supervisory authority for data protection issues (the list of supervisory authorities by each EU countries: https://edpb.europa.eu/about-edpb/board/members_en). In all cases, we recommend that you contact us before making a formal complaint so that we can find the right solution.
Your rights in connection with personal information
Under certain circumstances, by law you may have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Right to object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact our Data Protection Officer by sending an email to [email protected]. Any request to exercise one of these rights will be assessed by us on a case-by-case basis. There may be circumstances in which Smartlynx is not legally required to comply with your request or because of relevant legal exemptions provided for in applicable data protection legislation.
You can withdraw your application at any time
Right to withdraw Consent.
In some circumstances, you may have provided consent to us, to enable the processing of your personal information for the purposes of the recruitment exercise (the possibility to be in the candidates' database). You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact our Data Protection Officer by sending an email to [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information and, subject to our retention policy, we will dispose of your personal information securely.
If you have any questions about this Candidate Privacy Notice or wish to contact us for any reasons in relation to the processing of your personal data, please contact our Data Protection Officer by sending an email to [email protected], or by sending a dated and signed request to the office address: Mazrudas, Marupe municipality, LV-2167, Latvia.