Information Notice on the Processing of Personal Data of Candidates
in accordance with the Swiss Federal Data Protection Act (FDPA) and Art. 13 of Regulation (UE) 2016/679 (GDPR)
Data Controller
Your personal data are processed by GPS Global Projects Services AG, Uetlibergstrasse 134 a, 8045 Zürich Switzerland (GPS or Company) as data controller and the persons who process these data on GPS' behalf as data processors.
The contact point within GPS for data subjects to exercise their rights under the Federal Data Protection (FDPA) and any other data protection laws that may be applicable, in particular the GDPR, and any other applicable legislation on data privacy, and for the Federal Data Protection and Information Commissioner (FDPIC) and any other data protection authorities responsible for the data processing by the Company can be contacted under privacygps@saipem.com.
Personal Data processed
This Information Notice on the Processing of Personal Data of Candidates (Information Notice) applies to all personal data that you provide or that are collected by or on behalf of GPS in connection with your application for a job position with GPS and your evaluation for that position.
Please note that all of the personal data will be processed in accordance with the FDPA, in the version applicable, any ordinance, guidelines and information sheets issued thereunder by the FDPIC or any other competent public authority, and any other data protection laws that may be applicable, in particular the GDPR, and any other applicable legislation on data privacy. The Company undertakes to process your personal data in accordance with the principles of fairness, lawfulness and transparency, in compliance with the purposes set out below and only insofar as necessary for these specified purposes. Only authorized and properly trained personnel will be allowed to process said data.
In particular, the Company will collect, record, consult and generally process your personal data, among others name, address, phone number, date of birth, prior activities and professional affiliations, name of reference persons, testimonials, only insofar as necessary for the application and evaluation process.
For any personal data submitted through the communication function of social media platforms, the data protection rules of the respective social media platform apply in addition to this information Notice.
Purposes and legal basis of the processing
1. Registration for application through our web-based online application tool, by email to GPS or any of its affiliates, via our external agencies, or through the communication function of social media platforms.
The processing of personal data is lawful because it is necessary for the execution of pre-contractual measures (art. 6 para. 1 lit. (b) GDPR) and for the purposes of the legitimate interests of GPS (art. 6 para. 1 lit. (f) GDPR).
2. Recruitment and selection for open positions (including positions in an internship program) and, in case of a positive decision, negotiation and conclusion of an employment contract.
The processing of personal data is lawful because it is necessary for the execution of pre-contractual measures (art. 6 para. 1 lit. (b) GDPR), for the purposes of the legitimate interests pursued by GPS or a third party (art. 6 para. 1 lit. (f) GDPR) and, for special categories of particularly sensitive personal data, because it is necessary for the purposes of the legitimate interests pursued by GPS or a third party (art. 6 para. 1 lit. (f) GDPR) and because it is necessary for the purposes of carrying out the obligations and exercising the rights of a data controller in the field of employment, accounting, tax, social security and social protection laws (art. 9 para. 2 lit. (b) GDPR).
3. Internal controls to ensure that your application is handled and decided upon in compliance with the hiring and selection standards of GPS and the applicable laws.
The processing of personal data is lawful because it is necessary for compliance with legal obligations to which GPS is subject (art. 6 para. 1 lit. (c) GDPR) and for the purposes of the legitimate interest of GPS (art. 6 para. 1 lit. (f) GDPR).
4. If necessary, to assert or defend against a right or claim of or against the Company in court, in arbitration, in conciliation procedures, or in criminal or administrative procedures.
The processing of personal data is lawful for the purposes of the legitimate interest pursued by GPS and a third party (art. 6 para. 1 lit. (f) GDPR). With regard to special categories of data the lawfulness of processing is to establish, exercise or defend the rights in court (art. 9 para. 2 lit. (f) GDPR).
Retention period of data
The normal retention period is 3 months after receipt by GPS (corresponding to the time until a decision is normally communicated to you about your job application), plus additional 6 months. In case of a negative decision, after this period, all data will be deleted except your name, address, nationality, position for which you applied and contact detail. In case of a positive decision, after this period, your personal data exclusively related to the application and evaluation will be deleted, and certain other personal data will be retained pursuant to the Information Notice regarding the Processing of Employees’ Personal Data of GPS.
Longer retention periods apply if GPS is under a legal requirement or has a legitimate interest to retain certain data for longer periods, in particular for the purposes set out in points 2 through 4 above.
Personal data necessary for the execution of pre-contractual measures (art. 6 para. 1 lit. (b) GDPR) can be retained in cases in which a claim was asserted or appears likely to be asserted by or against GPS for which these personal data may become relevant.
Personal data retained for the assertion of or defence against a right or claim of or against GSP may be retained in general until the end of the term of prescription of the respective claim, plus an additional period for instituting, submitting or receiving a claim, pre-procedural negotiations and the duration of any possible litigation or negotiations in view of a settlement in full.
After the normal retention period of para. 1, access to the personal data will be restricted in order to make sur that they are processed exclusively for the purposes that justify their longer retention.
During the period of lawful retention, the data will be retained in accordance with standard data security, storage and backup procedures.
Once the period of lawful retention has elapsed, the data will be erased or made anonymous in accordance with standard data erasure and anonymization procedures as soon as practicable, normally at certain intervals.
Way of processing and provision of data
The processing of personal data will be carried out on digital, paper and other media, with methods and tools aimed at ensuring maximum security and confidentiality, by persons specifically appointed and qualified for this purpose.
In case of online application through the Company's website, the provision of data in the fields marked with an asterisk (*) is necessary to take your application into consideration in the recruitment and selection process.
The recruitment officer may ask you for additional data. A refusal to provide data requested may mean that your application cannot be considered.
In case of online application through the Company's website, your acknowledgment to this Information Notice is necessary to take your application into consideration in the recruitment and selection process.
In case of an application submitted via email, you will receive an automatically generated email asking you to consult this Information Notice on GPS' website and to send an email by which you confirm acknowledgment to this Information Notice. Such confirmation email is necessary to take your application into consideration in the recruitment and selection process.
Recipients and data transfer
The Company may transfer personal data to other parties for the purposes set out above, for example:
• Other Saipem Group companies as data processors for GPS (including the company for which the selected employee will perform work) in order to carry out certain activities as part of the application and selection process;
• Third parties (e.g., consultants, IT service providers, recruiting agents, etc.), who carry out certain activities and thereby process personal data on behalf of GPS as its data processors;
• Administrative authorities, courts and arbitral tribunals to whom communication of these data is required by law or necessary for the purposes of the legitimate interests of GPS or a third party. These subjects will process the data in their capacity as independent data controllers.
Personal data are transferred to third parties only under contractual or otherwise binding conditions that the data may only be used for the specific purposes for which they are transferred and not for any purpose for which GPS could not process them.
GPS may transfer personal data to any country outside Switzerland where any Saipem Group companies have their seat or registered office or any establishment, or to any country where a processor has its registered office or establishment as per the list “GPS Register Appointment Data Processor” which is accessible upon demand to GPS.
Personal data are transferred to countries outside Switzerland and the EU only if data privacy is guaranteed by adequacy decisions by the FDPIC, the Federal Council or another competent Swiss government entity or the European Commission or on the basis of data protection provisions of a contract between the controller or the processor and its contracting partner, standard model clauses, or binding corporate rules.
Data Subjects rights
You have the right to ask GPS as the data controller for access to your personal data, and for rectification, erasure, hand-over of your personal data in a structured, commonly used and machine-readable (portable) format, completion of incomplete personal data, restriction of processing in the cases provided for by art. 18 GDPR, as well as the right to object to any processing that is not in compliance with the applicable laws, or for reasons related to your particular situation in cases where data processing is necessary for the purposes of legitimate interest of GPS as the data controller or a third party, stating explicitly which interests or fundamental rights and freedoms of yours requiring protection of personal data override the legitimate interests of GPS or the third party, or restriction of disclosure to third parties that is not in compliance with the applicable laws and this Information Notice. In addition, where data are processed on the basis of your consent, you may revoke your consent at any time with effect for the future.
These rights can be exercised at any time against GPS as the Controller by sending a specific request in writing to the e-mail addresses privacygps@saipem.com. You can also write to the Company at the address given in letterhead above.
You are aware that a deletion, hand-over of your personal data in a portable format, restriction of processing or of disclosure to third parties or revocation of your consent for processing of your personal data may mean that your application can no longer be considered or that you can no longer hold the position for which you were selected.
You also have the right to lodge a complaint with the FDPIC or any other competent Supervisory Authority and to use other means of protection, as provided by the FDPA and other applicable laws.
The Information Notice on data processing is available on GPS website at www.gpsag.ch
