GDPR Candidate Privacy Notice
1 Introduction
1.1 This is the Innocent GDPR Candidate Privacy Notice (“Notice”), in which we explain the processing of Personal Data (this definition is explained below) that we conduct. With “we” or “Innocent”, we mean one of these companies (“Innocent Companies”):
Fresh Trading Manufacturing B.V. (Haarlemmerplein 48B (1013HS) Amsterdam, the Netherlands, registered in the register of the Chamber of Commerce in the Netherlands under number 73776947);
Fresh Trading Supply B.V. (Haarlemmerplein 48B (1013HS) Amsterdam, the Netherlands, registered in the register of the Chamber of Commerce in the Netherlands under number 73114944);
1.2 This Notice is applicable to you because you are applying to work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment process, and how long we will retain that data. It provides you with the information which we are required to give you under the General Data Protection Regulation ((EU) 2016/679) (“GDPR”).
1.3 The company that you endeavour to enter into a contract with, is what we refer to as the “Data Controller”, the company that determines the purpose and means of the processing of “Personal Data”: any information relating to an identified or identifiable natural person (this is often referred to as a ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This means that anonymised data, where such individual identification is not possible, is not Personal Data.
1.4 This Notice does not form part of any contract of employment or other contract to provide services.
1.5 We have appointed a data protection officer (“DPO”), Sandra Mori, who oversees compliance of this Notice. If you have any questions regarding the processing of Personal Data, please contact her at dpo@innocentdrinks.com.
2 What personal data is being collected?
2.1 This includes:
· The information in your curriculum vitae and/or covering letter and/or any other document uploaded by you;
· The information in our application form, including name, title, address, telephone number, email address, date of birth, gender, employment history, and qualifications;
· Any information provided to us during an interview or assessment;
· Psychometric assessment results based on your responses to our questions;
· Any information provided to us in other forms, including but not limited to our feedback questionnaire, which we may ask you to complete;
· Information you provide to us when you contact us.
2.2 We collect Personal Data about you throughout the application and recruitment process, through:
· Yourself;
· Recruitment agencies, from which we collect: curriculum vitae, and/or covering letter and/or any other document uploaded by you, where such is allowed;
· Completing our psychometric assessments;
· Your named referees, from which we collect: name, company name, email address and telephone number, personal reference/or professional reference, start and end dates of employment and last job title;
· LinkedIn, if you choose to apply for a job through that platform.
3 Purposes of processing personal data
3.1 We will use the Personal Data we collect about you and any psychometric assessment results and details relating to the recruitment process to:
· Assess your skills, qualifications and suitability for the role you applied for or future roles;
· Carry out background and reference checks if applicable and allowed;
· Communicate with you about the recruitment process;
· Keep records related to our hiring processes, including but not limited to a feedback questionnaire which we may ask candidates to complete in order for us to review/improve our recruitment process;
· To comply with our legal or regulatory obligations;
· We also need to process your personal data to decide whether to enter into a contract of employment with you.
3.2 Please note that it is in our legitimate interests to assess and consider whether to appoint you to the role or other future roles since it is beneficial to our business to fill such vacancies with suitable candidates.
4 The legal basis of processing personal data
4.1 We process your Personal Data where it is necessary to enter into an (employment) contract with you.
4.2 We also process your Personal Data to comply with our legal obligations, for example to maintain trustworthy records of our business.
4.3 In addition, we may process Personal Data where you provided consent to our storing your Personal Data to consider you for future roles.
4.4 Finally, we process Personal Data for your legitimate interests, which are:To assess your skills, qualifications and suitability for the role you applied for or future roles;
₋ To carry out background and reference checks if applicable and allowed;
₋ To communicate with you about the recruitment process;
₋ To keep records related to our hiring processes, including but not limited to a feedback questionnaire which we may ask candidates to complete in order for us to review/improve our recruitment process;
₋ To decide whether to enter into a contract with you.
5 Automated decision-making
5.1 We do not envisage that any decisions, which produces legal effects concerning you or similarly significantly affects you will be taken about you using automated means, and we will notify you in writing if this position changes.
6 Data sharing
6.1 Your Personal Data will be shared internally, including with relevant departments such as People if such sharing is necessary for them to perform their duties.
6.2 We may also share your personal data with third parties, including third-party service providers that assist us with the processing of applications received through our website, and other entities. We always require third parties to respect the security of any personal data we send to them and to take and implement appropriate security measures to protect the personal data in line with our policies and the data protection legislation. Third parties will only be permitted to process personal data for specified purposes and in accordance with our instructions.
6.3 We do not intend to transfer your Personal Data outside of the European Economic Area.
7 Data security
7.1 We have put in place appropriate security measures, internal policies and controls, to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to access such Personal Data. Such parties will only process your Personal Data on our instructions and they will be subject to a duty of confidentiality. Additionally, third parties that receive Personal Data are obliged to ensure they have in place appropriate technical and organisational measures to ensure the security of such Personal Data.
8 Data retention
8.1 If your application is successful we will retain your personal data pursuant to our privacy notice for employees, workers and contractors. If you are unsuccessful we will retain your personal data for a period of four weeks after closing the procedure. If you would like to be considered for any future roles that may become available, we are happy to accommodate you. We will ask for your consent and retain your data for 12 months. After this period, we will securely destroy your Personal Data in accordance with our applicable data retention policy, applicable laws and regulations. After this period, we will securely destroy your Personal Data in accordance with our applicable data retention policy, applicable laws and regulations.
9 Personal data provided by you
9.1 In principle, the provision of Personal Data to Innocent is voluntarily. However, in some circumstances it is a statutory or contractual requirement, or a requirement necessary to enter into a contract. If you fail to provide information when requested which we consider necessary for us to consider your application (such as evidence of qualifications or work history to assess your suitability for the role), we will not be able to process your application.
10 Your right as a data subject
10.1 As a data subject, you have a number of rights in certain situations to:
· Request rectification of the Personal Data that we hold about you;
· Request erasure of your Personal Data;
· Object to the processing of your Personal Data where we are relying on a legitimate interest (or the legitimate interest of a third party). You also have the right to object where we are processing your Personal Data for direct marketing purposes;
· Request the restriction of processing of your Personal Data. You have the right to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for us processing it;
· Request access to your Personal Data (commonly known as a "data subject access request");
· Request the transfer of your Personal Data to another party;
· Make a complaint to the supervisory authority, such as the Autoriteit Persoonsgegevens.
10.2 If you want to excercise these rights, please contact the DPO in writing.
11 Your right to withdraw consent
11.1 In the circumstances where you may have provided your (explicit) consent to the collection, processing and transfer of your Personal Data for a specific purpose (for the avoidance of doubt we are not seeking, and you are not giving any consent under this Notice), you have the right to withdraw your consent for that specific processing at any time. This withdrawal does not affect the lawfulness of processing based on such (explicit) consent before such withdrawal. To withdraw any such consent, please contact the DPO at DPO@innocentdrinks.com. In such circumstances once we have received notification that you wish to withdraw your consent, we will no longer process your Personal Data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
