PRIVACY POLICY FOR CANDIDATES

Many thanks for your interest in our recruitment procedure. Protecting candidates’ privacy is very important to us. We use our best endeavours to properly protect your personal data and inform you in a transparent way about the way we use such data.


As of 25th May 2018, the Controller implemented new EU law on personal data protection (i.e. Regulation EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing directive 95/46/EC (General Data Protection Regulation – “GDPR”) (Official EU Journal L 119 of 4.05.2016, page 1). This was implemented in the Personal Data Protection Act of 10th May 2018.

We wish to inform you about the processing of your personal data (i.e. the data you provide us in the application form and your CV when participating in our recruitment procedure), and also about the rules of processing such data in the recruitment procedure.


This policy (“Privacy Policy”), drawn up by Spaczyński, Szczepaniak i Wspólnicy Sp. k. with its registered office in Warsaw (hereinafter: “Controller”, “Company”, “we”, “us”) is addressed to candidates who are seeking employment/ cooperation within the Company and who submitted their applications in paper or electronic form.

By submitting an application, you participate in the recruitment procedure for a specific position and, if you also grant a separate consent, you also participate in future recruitment procedures conducted by the Company.

If you wish to know the specific rules governing the processing of your personal data in the recruitment procedure, including your rights in relation to such processing, please click on the relevant section of the contents list below.

1. Who is responsible for your personal data? (Controller)

The Controller of your personal data is Spaczyński, Szczepaniak i Wspólnicy sp.k. with its registered office in Warsaw (00-124), ul. Rondo ONZ 1, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, with number KRS 0000583564, VAT: 525-256-91-33, REGON: 146936694.

2. How can you contact the Controller?

Our Data Protection Officer is Rafał Rępiński.

In all matters related to processing of your personal data You can contact him or the Data Controller:

a) via traditional post to the address Spaczyński, Szczepaniak i Wspólnicy sp.k., ul. Rondo ONZ 1, p. 12, 00-124 Warszawa or;
b) via dedicated email address: privacy@ssw.solutions.

3. What is the legal basis and the purpose of processing your personal data?

We undertake to process your personal data lawfully, on the basis of one of the prerequisites defined below, depending on whether the position your application is connected with employment based on an employment contract or on another cooperation agreement (civil law agreement).

3.1 Employment contract

If you are applying for a particular position where the successful applicant will be employed based on an employment contract, your personal data are processed by the Controller:

a) for the purpose of conducting the recruitment procedure within the scope defined in the Labour Code based on Article 6.1.c) GDPR, and within the scope of other data provided by you with your consent for personal data processing for that purpose, i.e. under Article 6 par. 1 letter a) GDPR,
b) for the purpose of drawing up the employment contract, i.e. to take actions at the request of the data subject (you) before concluding the employment contract, i.e. under Article 6 par. 1 letter b) GDPR,
c) insofar as is it necessary to establish, pursue or defend claims in court, administrative or other out-of-court proceedings for the purpose of executing the legitimate interests of the Controller comprising establishing, pursuing and defending such claims, i.e. pursuant to Article 6 par. 1 letter f) GDPR.

The legitimate interests of the Controller means establishing, pursuing and defending claims connected with the recruitment procedure.

3.2 Civil law agreement

If you are applying for a particular position where the successful applicant will conclude a cooperation agreement, services agreement or other civil law agreement, your personal data are processed by the Controller:

a) for the purpose of conducting the recruitment procedure based on your consent for personal data processing for that purpose, i.e. under Article 6 par. 1 letter a) GDPR,
b) within the scope of the data provided by you and necessary for the purpose of drawing up the cooperation agreement, i.e. to take actions at the request of the data subject (you) before concluding the contract, i.e. under Article 6 par. 1 letter b) GDPR,
c) insofar as it is necessary to establish, pursue or defend claims in court, administrative or other out-of-court proceedings for the purpose of executing the legitimate interests of the Controller comprising establishing, pursuing and defending such claims, i.e. pursuant to Article 6 par. 1 letter f) GDPR.

The legitimate interests of the Controller means establishing, pursuing and defending claims connected with the recruitment procedure.

Regardless of whether the recruitment process will end with the conclusion of an employment contract or a civil law agreement, if you grant your additional consent for us to process your personal data (contained in the application form, CV or provided to us in another manner) for the purpose of future recruitment procedures, such consent constitutes the basis for processing your data (Article 6 par. 1 letter a) GDPR).

4. Sources of your personal data

The data are gathered directly from you or can be obtained from other entities who provided your personal data to us in connection with the provision of recruitment services to SSW (e.g. head-hunters, recruiters, employment agencies etc. who received your personal data from you while you were looking for a job).

With respect to the processing of your personal data obtained from such entities, SSW processes them in the scope generally comprising the following data categories: name, surname, telephone number, e-mail address, residence address, employment history, professional experience and education.

5. What rights do you have in connection with your personal data?

The GDPR provides you with various options regarding your personal data. Below, you can find a general description of your rights:

a) Right to access your personal data. You can access your personal data any time.

b)  Rectification and amendment of data. You can ask the Controller to immediately rectify your personal data which are incorrect, and ask for an amendment of incomplete personal data.

c)  Right to erasure. You can ask the Controller to immediately erase your personal data in any of the following cases:

  • the personal data are no longer necessary for the purpose(s) for which they were collected or otherwise processed,
  • the data subject (you) withdrew consent for the data processing and no other legal grounds exists for the data processing,
  • you objected to the data processing as specified in pt. e) below and no compelling legitimate interests exist for processing such data,
  • the personal data are processed unlawfully,
  • the personal data have to be erased in order to comply with a legal obligation in European Union or Polish law,
  • the personal data were collected in connection with offering information society services – in accordance with the GDPR.The Controller cannot erase your personal data within the scope defined in the GDPR if their processing is necessary: (i) to exercise the right to freedom of speech and information, (ii) to meet a legal obligation requiring processing under the European Union or Polish law, (iii) to establish, pursue or defend claims.

d)  Right to restriction of processing. You can ask the Controller to restrict the processing of your data if:

  • you contest the accuracy of your personal data – for a period enabling the Controller to verify the accuracy of the personal data,
  • the processing is unlawful and you oppose the erasure of the personal data and instead request that their use be restricted,
  • The Controller does not need personal data for processing purposes but they are needed by you to establish, pursue or defend legal claims,
  • you objected to the processing as specified in pt. e) below – until it is determined whether the Controller’s legitimate interest is compelling in relation to your legitimate interest.

e)   Right to object. You can object to the processing of your personal data if the Controller processes such data due to a legitimate interest, including for direct marketing purposes. Insofar as your data are processed for purposes other than direct marketing, the Controller may not accept your objection, if it proves the existence of important, legitimate grounds for processing, which are compelling in relation to your interests, rights and freedoms, or grounds to establish, pursue or defend claims.

f) The right to withdraw consent. Insofar as the processing of your personal data takes place based on your consent, you can withdraw such consent any time. Such withdrawal does not affect the lawfulness of any processing based on your consent before you withdrew it.

g)  Right to data portability. Insofar as your data are processed for the purpose of concluding and performing an agreement or processed based on your consent and they are processed in an automated way, you also have the right to receive your personal data, which you delivered before or during cooperation with the Company, from the Controller in a structured, commonly applied and machine-readable format. You also have the right to send such personal data to another controller.

h) Right to lodge a complaint. You have the right to lodge a complaint regarding the processing of your personal data by the Controller with a supervisory authority. In Poland this is the President of the Personal Data Protection Office (UODO).

 You can exercise the rights mentioned in points a)-g) above by contacting our Data Protection Officer:

  • sending a letter to Spaczyński, Szczepaniak i Wspólnicy sp.k., ul. Rondo ONZ 1, p. 12, 00-124 Warsaw, or
  • emailing our dedicated e-mail address: privacy@ssw.solutions.

You can lodge a complaint, as described in pt. h) above, by directly contacting the supervisory authority.

6. Providing your personal data.

It is voluntary to provide your personal data for the purposes of the recruitment procedure.

If you failure to provide your data, we will be unable to use it for the purpose of personal data processing and this will prevent you from participating in the recruitment procedure.

7. Who receives your personal data from us?

We can transfer your personal data to the following recipients or categories of recipients:

a) Entities from our group, service providers providing services on our behalf or to us. In the agreements with such entities, we require adherence to the applicable personal data protection regulations.

b) If such an obligation arises from absolutely applicable provisions of law, in the necessary scope, also to third parties, in particular the authorised state authorities.

8. Personal data retention

The Controller uses its best endeavours to process your personal data in an adequate manner and as long as required for the purposes of gathering the data. Considering the above, in connection with the recruitment procedure, there are two aspect of data processing:

a) active data processing (i.e. processing in any manner necessary for the purpose of gathering the data),

b) inactive data processing (i.e. ceasing to actively process the personal data and merely retaining the data to be used in connection with any claims).

Insofar as your personal data were gathered solely for the purpose of a specific recruitment procedure, we process them in an active manner only during that specific recruitment procedure.

After the recruitment procedure is completed, your data are erased, unless their further processing is based on the legal provisions, for example in connection with any claims pursued by you or another candidate in connection with the recruitment procedure.

If you agree to the processing of your personal data for the purpose of future recruitment procedures, such data are actively processed for the period of one year, and are then erased unless their further processing is based on legal provisions, for example in connection with any claims pursued by you or another candidate in connection with the recruitment procedure.

9. Changes to the Privacy Policy

The Privacy Policy may be amended from time to time, particularly in the event of amendments to the applicable legal provisions or our recruitment methods, including changes to the identity of data recipients.

Any data subjects whose data are processed in accordance with the Privacy Policy will receive appropriate advanced notice of amendments to the Policy.